Concrete Cutting Co. v. Clevenger

In this workers’ compensation case, employer seeks review of an order of the Workers’ Compensation Board (the board) affirming an order of the administrative law judge (ALJ). The issue on review concerns how temporary disability benefits are to be calculated under OAR 436-060-0025. Reviewing for errors of law, ORS 183.482(8)(a), we reverse and remand.

The salient facts of the case are uncontested. Claimant, a concrete cutter, was hired by employer in 1986, at which time claimant was not a union member. In 1993, employer signed a union contract covering its concrete cutters, and claimant,…