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SAIF CORP. v. VANBIBBER

0603816; A136922.

227 P.3d 1224 (2010)

234 Or. App. 68

In the Matter of the Compensation of Dale E. VanBibber, Jr., Claimant. SAIF CORPORATION and Larry Hofenbredl-Hofenbredl Timber, Petitioners, v. Dale E. VANBIBBER, Jr., Respondent.

Court of Appeals of Oregon.

Decided March 3, 2010.

Attorney(s) appearing for the Case

David L. Runner, Special Assistant Attorney General, argued the cause for petitioners. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

R. Adian Martin, Portland, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

In this workers' compensation case, the issue is whether an employer may, in a notice of closure, reduce a worker's benefits because of the worker's failure to comply with a prescribed program of physical therapy. The Workers' Compensation Board (board) concluded that the appropriate procedure for reducing benefits because of a failure to follow medical advice is for the employer to request the Director of the Department of Consumer and Business Services...

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