In 1999, former ORS 656.268(3)(d) (1995), was renumbered as ORS 656.268(4)(d), but was otherwise unchanged. Shortly after the Board issued its Crawford decision, the Court of Appeals, in an en banc decision, reversed Bundy. Fred Meyer, Inc. v. Bundy, 159 Or. App. 44, 978 P.2d 385 (1999). In Bundy, the Court of Appeals described the issue as "whether ORS 656.262(4)(g) applies to only procedural obligations to pay temporary disability while a claim is open, or whether it also applies to the substantive entitlement to benefits at claim closure."
Appeal from Judicial review from Workers' Compensation Board, No. 98-03327. Reversed and remanded for reconsideration in light of Fred Meyer, Inc. v. Bundy, 159 Or. App. 44, 978 P.2d 385, rev allowed 329 Or. 318 (1999). Jerald P. Keene argued the cause and filed the brief for petitioners.
On Appeal from the Court of Appeals. Judicial review from the Workers' Compensation Board. 159 Or. App. 44, 978 P.2d 385 (1999). Roger Ousey, of Bischoff, Strooband Ousey, P.C., Medford, argued the cause and filed the brief for petitioner on review Kenneth P. Bundy.
PETITIONS FOR REVIEW ALLOWED ( 159 Or. App. 44) Petition for review allowed.
ORS 656.268 applies to aggravation claims. See Trujillo v. Pacific Safety Supply, 336 Or 349, 372, 84 P3d 119 (2004); Fred Meyer, Inc. v. Bundy, 159 Or App 44, 978 P2d 385, rev dismissed, 329 Or 503 (1999). When a worker is no longer totally disabled, ORS 656.212 provides authorization for a reduction in temporary disability benefits:
PER CURIAM Reversed and remanded for reconsideration. Fred Meyer, Inc. v. Bundy, 159 Or. App. 44, 978 P.2d 385, rev dismissed 329 Or. 503 (1999).
The Board adopted and affirmed the administrative law judge's order, which was based on the Board's decision in an earlier case, Kenneth P. Bundy, 48 Van Natta 2501 (1996). However, this court has since reversed Bundy. Fred Meyer, Inc. v. Bundy, 159 Or. App. 44, 978 P.2d 385, rev pending (1999). We remand to the Board for reconsideration in light of our decision in Bundy.
PER CURIAM Reversed and remanded for reconsideration. Fred Meyer, Inc. v. Bundy, 159 Or. App. 44, 978 P.2d 385 (1999).
The Board relied on its decision in Kenneth P. Bundy, 48 Van Natta 2501 (1996), which we subsequently reversed. Fred Meyer, Inc. v. Bundy, 159 Or. App. 44, 978 P.2d 385 (1999). Whether our decision in Bundy will affect the determination of claimant's entitlement to temporary disability compensation is not apparent from the record before us. Consequently, we remand to the Board for reconsideration in light of our decision in Bundy.
PER CURIAM Reversed and remanded for reconsideration in light of Fred Meyer, Inc. v. Bundy, 159 Or. App. 44, 978 P.2d 385 (1999).