Overbey v. Plan

Claimant seeks review of a Workers’ Compensation Board order that her compensation for temporary total disability (TTD) should be determined according to the parties’ “intent at the time of hire,” former OAR 436-60-020(4)(a), because at the time of her injury she was not “regularly employed” and had been employed less than four weeks. Claimant also assigns error to the Board’s finding that she was not entitled to penalties and attorney fees. We affirm.

We review de novo. In October, 1985, claimant had an interview with Tomlinson, one of employer’s supervisors, for an on-call radiology service…