WITT v. EBI INS. CO., 131 Or. App. 753 (1994)


885 P.2d 758

In the Matter of the Compensation of Ralph L. Witt, Claimant. Ralph L. WITT, Petitioner, v. EBI INSURANCE COMPANY and Bear Creek Electric, Respondents.

WCB 88-07709; CA A82969Oregon Court of Appeals.Argued and submitted August 9, 1994
Affirmed December 14, 1994

Judicial Review from Workers’ Compensation Board.

Robert L. Chapman argued the cau se for petitioner. With him on the brief was Black, Chapman, Webber Stevens.

Howard Nielsen argued the cause and filed the brief for respondents.

Before Warren, Presiding Judge, and Edmonds and Landau, Judges.

PER CURIAM

Affirmed.

Page 754

PER CURIAM

Claimant seeks review of an order of the Workers’ Compensation Board after our remand in EBI Ins. Co. v. Witt, 113 Or. App. 7, 830 P.2d 599 (1992), rev den 317 Or. 583 (1993). The issue involves claimant’s entitlement to temporary partial disability (TPD) after an initial two year period of TPD had been ordered. We affirm.

A recitation of the procedural history of this case would not be of assistance to the parties or other readers. Suffice it to say that, after this case had been submitted, the parties verified that a final determination order has issued in this case, which awarded claimant TPD for the entire period in question on review, and that claimant has been paid the TPD that the determination order awarded. In light of those facts, there is nothing that claimant can gain by a decision in his favor. Because he has already received all of the compensation to which he argues he is entitled, there is nothing left for us to decide.

Affirmed.

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