Opinion
WCB 94-00599, 94-03943; CA A86570
Submitted on record and briefs February 23, reversed and remanded for reconsideration March 27, 1996
Judicial Review from Workers' Compensation Board.
Richard D. Barber, Jr., and Bostwick, Sheridan Bronstein filed the brief for petitioner.
J. Michael Casey and Doblie Associates waived appearance for respondent.
Before Richardson, Chief Judge, and Deits and De Muniz, Judges.
PER CURIAM
Reversed and remanded for reconsideration.
Employer seeks review of an order of the Workers' Compensation Board that awarded claimant a penalty under ORS 656.268(4)(g). Claimant, by letter, has conceded that the Board erred and that our decision in SAIF v. Cline, 135 Or. App. 155, 897 P.2d 1172, rev den 321 Or. 560 (1995), justifies reversal of the order. We accept that concession.
Reversed and remanded for reconsideration.