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Saif v. Buchanan

Oregon Court of Appeals
Mar 8, 1989
770 P.2d 86 (Or. Ct. App. 1989)

Opinion

WCB 86-0278M; CA A47091

Argued and submitted October 17, 1988

Reversed and remanded for reconsideration March 8, 1989

Judicial Review from Workers' Compensation Board.

John A. Reuling, Jr., Assistant Attorney General, Salem, argued the cause for petitioners. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Allen T. Murphy, Jr., Portland, argued the cause and filed the brief for respondent.

Before Richardson, Presiding Judge, and Newman and Deits, Judges.


PER CURIAM

Reversed and remanded for reconsideration.


Employer seeks review of a Workers' Compensation Board order on reconsideration awarding permanent total disability. Our review is as specified in ORS 656.298, because the petition for review was filed after July 20, 1987. Armstrong v. Asten-Hill Co., 90 Or. App. 200, 205, 752 P.2d 312 (1988). The order appealed from adopts and republishes a November 18, 1987, Board order, which says, in pertinent part:

"After thorough review of the evidence, the Board concludes [that] claimant is permanently and totally disabled and is entitled to such benefits commencing the date of this order."

The order is not sufficient for review under ORS 656.298. Armstrong v. Asten-Hill Co., supra. It lacks any explanation or reason of why the Board, on reconsideration, awarded permanent total disability after having originally granted only temporary total disability.

Reversed and remanded for reconsideration.


Summaries of

Saif v. Buchanan

Oregon Court of Appeals
Mar 8, 1989
770 P.2d 86 (Or. Ct. App. 1989)
Case details for

Saif v. Buchanan

Case Details

Full title:In the Matter of the Compensation of Patrick L. Buchanan, Claimant. SAIF…

Court:Oregon Court of Appeals

Date published: Mar 8, 1989

Citations

770 P.2d 86 (Or. Ct. App. 1989)
770 P.2d 86