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FRED MEYER, INC. v. BUNDY

(95-07510; CA A95905)

978 P.2d 385 (1999)

159 Or. App. 44

In the Matter of the Compensation of Kenneth P. Bundy, Claimant. FRED MEYER, INC., Petitioner, v. Kenneth P. BUNDY and Department of Consumer and Business Services, Respondents.

Court of Appeals of Oregon, En Banc.

Resubmitted October 14, 1998.

Decided March 17, 1999.

Attorney(s) appearing for the Case

Craig A. Staples argued the cause and filed the briefs for petitioner.

Roger Ousey, Eugene, argued the cause for respondent Kenneth P. Bundy. With him on the brief was Bischoff, Strooband & Ousey, P. C.

No appearance for respondent Department of Consumer and Business Services.

David L. Runner, Salem, filed a brief amicus curiae for SAIF Corporation and Timber Products Company.

Deborah L. Sather, Tracy J. White, and Krishna Balasubramani, Portland, filed a brief amicus curiae for Northwest Natural Gas, Precision Castparts Corp., Safeco Insurance Co., and Freightliner Corporation.

Before DEITS, Chief Judge, and EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER, Judges, and WARREN, Senior Judge.

Resubmitted En Banc October 14, 1998.

EDMONDS, J.

Employer seeks review of a Workers' Compensation Board (Board) order ruling that claimant is entitled to temporary disability benefits as of May 11, 1993. We review for errors of law, ORS 656.298(7) and ORS 183.482(8), and reverse.

Claimant has a compensable right wrist condition. The claim was initially closed in 1992. In May 1993, claimant filed an aggravation claim and a request for surgery, which...

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