HALLMARK FISHERIES v. HARVEY, 100 Or. App. 657 (1990)

788 P.2d 471

87-06987; CA A61323Oregon Court of Appeals.Argued and submitted January 12, 1990
Affirmed March 7, 1990

Judicial Review from Workers’ Compensation Board.

Paul L. Roess, Portland, argued the cause for petitioners. With him on the brief was Acker, Underwood, Norwood Hiefield, Portland.

James L. Edmunson, Eugene, argued the cause for respondent. With him on the brief was Malagon, Moore Johnson, Eugene.

Before Graber, Presiding Judge, and Riggs and Edmonds, Judges.

PER CURIAM

Affirmed.

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PER CURIAM

Employer seeks review of an order of the Worker’s Compensation Board awarding claimant temporary total disability (TTD) benefits. Claimant injured his back while working for employer. He filed a claim and received TTD. He returned to work before his claim was closed, but was fired for smoking marijuana on the work site two days later. On March 5, 1987, while still unemployed, claimant was declared by his treating physician to be physically unable to work, due to his work-related injury.

Employer argues that the Board’s order is inadequate for judicial review, because there was no finding of a “worsening” which, according to employer, is required to trigger reinstatement of TTD. Proof of a subsequent “worsening” is required only after a claim has been initially closed. ORS 656.273; Rodgers v. Weyerhaeuser Company, 88 Or. App. 458, 460, 745 P.2d 820 (1987). Claimant was working for employer when he suffered the disabling injury. As of March 5, he was entitled to TTD until he became medically stationary and was released for work. See Weyerhaeuser Co. v. Kepford, 100 Or. App. 410, 786 P.2d 745 (1990).

Affirmed.[1]

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