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SAIF v. KURCIN

(WCB 96-03838; CA A98272; SC S46750).

50 P.3d 1167 (2002)

334 Or. 399

In the Matter of the Compensation of Diane H. Kurcin, Claimant. SAIF CORPORATION and Oregon Health Sciences University, Respondents on Review, v. Diane H. KURCIN, Petitioner on Review.

Supreme Court of Oregon.

Decided July 25, 2002.

Attorney(s) appearing for the Case

Edward J. Harri, Salem, argued the cause and filed the petition for petitioner on review. With him on the briefs was Martin L. Alvey, Portland.

Julene Quinn, Salem, argued the cause and filed the response for respondents on review.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, and RIGGS, Justices.

DURHAM, J.

In this workers' compensation proceeding, the issue is whether the Workers' Compensation Board (Board) correctly decided that the Board's administrative law judge (ALJ) permissibly exercised his discretion in granting a continuance of a hearing. The ALJ's decision held the hearing record open, after completion of the testimony of insurer's expert, to receive the written rebuttal testimony of claimant's expert. After receiving and considering that additional...

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