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GORDINEER v. BELLOTTI

16-88-04775; CA A50175.

785 P.2d 362 (1990)

100 Or.App. 102

Harley J. GORDINEER, Appellant, v. Alice BELLOTTI, Dba H & B Trucking, and Insurance Company of North America, a Foreign Corporation, Respondents.

Court of Appeals of Oregon.

Decided January 17, 1990.

Attorney(s) appearing for the Case

David C. Force, Eugene, argued the cause and filed the briefs, for appellant.

Randall Thwing, Eugene, argued the cause, for respondent Alice Bellotti dba H & B Trucking. On the brief were Sidney E. Thwing, and Thwing & Thwing, Eugene.

John R. Faust, Jr., Portland, argued the cause for respondent Ins. Co. of North America, a foreign corp. On the brief were Mildred J. Carmack, James G. Huegli, and Schwabe, Williamson & Wyatt, Portland.

Before JOSEPH, C.J., and NEWMAN and DEITS, JJ.

JOSEPH, Chief Judge.

In 1979, plaintiff sustained an injury while working for H & B Trucking. Insurance Company of North America (INA), H & B's workers' compensation carrier, accepted his claim and paid temporary total disability for almost two years, at which time defendants told him that his benefit rate would be reduced and that an additional amount would be held to recover an alleged overpayment. On appeal, the Workers' Compensation Board found that he...

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