54 Van Natta 5 (2002). THOMAS R SLEDD, Claimant.

Case DateJanuary 02, 2001
CourtOregon
Oregon Worker Compensation 2001. 54 Van Natta 5 (2002). THOMAS R SLEDD, Claimant 5In the Matter of the Compensation of THOMAS R SLEDD, ClaimantWCB Case No. 96-06662SECOND ORDER ON REMANDFlaxel and Nylander, Claimant AttorneysDavid L Runner, Saif Legal, Defense AttorneysReviewing Panel: Members Haynes and Bock.Claimant requests reconsideration of our December 17, 2001 Order on Remand that reversed an Administrative Law Judge's (ALJ's) order that awarded "substantive" temporary disability from July 7, 1993 to November 28, 1995. Finding no contemporaneous temporary disability authorization from Dr. Davis (attending physician) for the disputed period (as required by former ORS 656.262(4)(f), now subsection (g)), we found that claimant had not established entitlement to temporary disability benefits between July 7, 1993 to November 28, 1995. Claimant argues that Dr. Davis' April 26, 1993 chart note was an "open ended" time loss authorization. Thus, claimant reasons that he is entitled to temporary disability from July 7, 1993 to November 28, 1995. We disagree. In his April 26, 1993 chart note, Dr. Davis reported that claimant likely could not return to his previous work as a "tree topper"...

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