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COLCLASURE v. WASH. COUNTY SCHOOL DIST. NO. 48-J

WCB 88-15666, 89-05949; CA A67543 (Control), A67666; SC S39928.

857 P.2d 126 (1993)

317 Or. 526

In the Matter of the Compensation of Richard A. Colclasure, Claimant. Richard A. COLCLASURE, Petitioner on Review, v. WASHINGTON COUNTY SCHOOL DIST. NO. 48-J, Respondent on Review. In the Matter of the Compensation of Richard Colclasure, Claimant. Richard COLCLASURE, Petitioner on Review, v. BEAVERTON SCHOOL DIST. NO. 48-J, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided September 2, 1993.

Attorney(s) appearing for the Case

Merrill Schneider, of Schneider, DeNorch & Galaviz-Stoller, Portland, argued the cause for petitioner on review. Daniel J. DeNorch filed the petition.

Patric J. Doherty, of VavRosky, MacColl, Olson, Doherty & Miller, P.C., Portland, argued the cause for respondents on review. With him on the response was Karli L. Olson.

Kevin Keaney, of Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, filed an amici curiae brief on behalf of the Oregon Workers' Compensation Attys. and Oregon Trial Lawyers Ass'n.

FADELEY, Justice.

In this workers' compensation case, the dispositive issue is the proper scope for a hearing referee's review of an order of the director of the Department of Insurance and Finance under ORS 656.283(2).1

Claimant suffered a work-related back injury in 1982. The claim was closed in 1984 with an award of unscheduled permanent disability. Claimant returned to his usual work with the employer. After experiencing intermittent...

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