WOJICK v. WEYERHAEUSER COMPANY, 89 Or. App. 561 (1988)

749 P.2d 1232

In the Matter of the Compensation of Jerry E. Wojick, Claimant. WOJICK, Petitioner, v. WEYERHAEUSER COMPANY, Respondent.

WCB 84-02193; CA A41590Oregon Court of Appeals.Petition for reconsideration filed November 25, 1987,
Former decision withdrawn and affirmed February 10, 1988

Judicial Review from Workers’ Compensation Board.

James L. Edmunson, and Karen M. Werner, Eugene, for petition.

Joseph D. Robertson, Thomas E. Ewing, and Garrett, Seideman, Hemann, Robertson De Muniz, P.C., contra.

Before Warden, Presiding Judge, and Joseph, Chief Judge,[*] and Van Hoomissen, Judge.

PER CURIAM

Reconsideration granted; former decision withdrawn; affirmed.

Page 562

PER CURIAM

The Workers’ Compensation Board affirmed the referee’s decision that claimant’s claim had not been closed prematurely. We affirmed the Board without issuing an opinion. 87 Or. App. 552, 742 P.2d 1202 (1987). Claimant has petitioned for review, asserting that the referee and the Board improperly failed to consider medical reports which came into existence after closure on the question of whether claimant was medically stationary at the time of closure. We allow reconsideration and withdraw our former decision. ORAP 10.10. We agree that the reports should have been considered. Scheuning v. J.R. Simplot, 84 Or. App. 622, 735 P.2d 1, rev den 303 Or. 590 (1987); Alvarez v. GAB Business Services, 72 Or. App. 524, 696 P.2d 1131 (1985). We have considered those reports and are not persuaded that the claim was prematurely closed.

Reconsideration granted; former decision withdrawn; affirmed.

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