Opinion
WCB 85-16090; CA A45497
On petitioner's petition for reconsideration filed June 29, reconsideration allowed; former opinion ( 91 Or. App. 592, 757 P.2d 857) adhered to September 14, petition for review denied by opinion December 20, 1988 See 307 Or. 236 (1988)
Judicial Review from Workers' Compensation Board.
Randy G. Rice, Portland, for petition.
Before Buttler, Presiding Judge, and Warren and Rossman Judges.
WARREN, J.
Reconsideration allowed; former opinion adhered to.
Employer petitions for review of our opinion in Fazzolari v. United Beer Distributors, 91 Or. App. 592, 757 P.2d 857 (1988). We treat the petition as a petition for reconsideration, ORAP 10.10, and allow reconsideration for the purpose of amplifying our opinion. Employer contends that we incorrectly stated that claimant did not return to work until after August 12, 1985, when, in fact, he returned to work immediately after he was released for work on March 22, 1985. We reviewed this matter under ORS 656.298 (6) only for substantial evidence. Although there is some evidence to suggest that claimant returned to work when he was released for work in March, 1985, there is also evidence to support the referee's finding, which the Board affirmed, that claimant did not return to work until after August 12, 1985. We therefore adhere to our former opinion.
Reconsideration allowed; former opinion adhered to.