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George v. Richard's Food Center

Oregon Court of Appeals
Apr 20, 1988
752 P.2d 1309 (Or. Ct. App. 1988)

Opinion

WCB 86-00300; CA A45380

Argued and submitted March 29, 1988

Affirmed April 20, 1988

Judicial Review from Workers' Compensation Board.

Ralph M. Yenne, Salem, argued the cause and filed the brief for petitioner.

Patric J. Doherty, Portland, argued the cause for respondents. With him on the brief were E. Kimbark MacColl, Jr. and Rankin, VavRosky, Doherty, MacColl Mersereau, Portland.

Before Warden, Presiding Judge, and Van Hoomissen and Graber, Judges.


PER CURIAM

Affirmed.


Claimant seeks judicial review of a Workers' Compensation Board order that affirmed the order of the referee upholding employer's denial of her occupational disease claim. We affirm.

Claimant asks us to remand the case to allow her to supplement the record with her testimony. Because, through her counsel, she agreed to submit the matter to the referee without presenting any testimony, we decline her request.

The petition for judicial review was filed on August 10, 1987, after the effective date of Oregon Laws 1987, chapter 885, and the scope of our review, therefore, is as provided in ORS 183.482 (7) and (8). Armstrong v. Asten-Hill Company, 90 Or. App. 200, 752 P.2d 312 (1988). The opinion and order of the referee, which the Board approved without opinion, is adequate under the standards of review in ORS 656.298. Armstrong v. Asten-Hill Company, supra; see also Younger v. City of Portland, 305 Or. 346, 752 P.2d 262 (1988).

Affirmed.


Summaries of

George v. Richard's Food Center

Oregon Court of Appeals
Apr 20, 1988
752 P.2d 1309 (Or. Ct. App. 1988)
Case details for

George v. Richard's Food Center

Case Details

Full title:In the Matter of the Compensation of Dorla R. George, Claimant. GEORGE…

Court:Oregon Court of Appeals

Date published: Apr 20, 1988

Citations

752 P.2d 1309 (Or. Ct. App. 1988)
752 P.2d 1309

Citing Cases

Kim v. Mt. Hood Community College

We assume that it approved his findings and conclusions. See George v. Richard's Food Center, 90 Or. App.…

PER CURIAM OPINIONS

       Affirmed. George v. Richard's Food Center, 90 Or.App. 639, 752 P.2d 1309 (1988).…