PHILLIPS v. PECO MFG. COMPANY, 32 Or. App. 589 (1978)

574 P.2d 707

PHILLIPS, Petitioner, v. PECO MANUFACTURING COMPANY, Respondent.

Nos. 76-5620 76-5621, Claim Nos. 758018 760417, CA 9415Oregon Court of Appeals.
Argued January 20, affirmed February 13, 1978

Judicial Review from Workers’ Compensation Board.

James W. Walker, Portland, argued the cause and filed the brief for petitioner.

R. Kenney Roberts, Portland, argued the cause for respondent. On the brief were Richard L. Lang and Jones, Lang, Klein, Wolf Smith, Portland.

Before Schwab, Chief Judge, and Johnson, Gillette and Roberts, Judges.

PER CURIAM.

Affirmed.

Page 590

[EDITORS’ NOTE: THIS PAGE IS BLANK.]

Page 591

PER CURIAM.

The only question claimant raises on appeal is whether an employer or insurer may unilaterally stop paying temporary total disability benefits when the claimant has returned to work in a different capacity but with the same hours and wages. We have previously answered that question in the affirmative Jackson v. SAIF, 7 Or. App. 109, 490 P.2d 507 (1971).

Affirmed.

Page 592

[EDITORS’ NOTE: THIS PAGE IS BLANK.]

Page 593

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