SAIF Corp. v. Vanlanen

DURHAM, J. pro tempore,

dissenting.

The Board held that payments under the August 15, 1991, determination order, which awarded TTD and PPD, are not stayed by SAIF’s prior request for Board review of the referee’s decision that the low back injury is compensable. In SAIF v. Vanlanen, 120 Or App 613, 614, 852 P2d 281 (1993), we reversed the Board and said:

“We conclude that, under ORS 656.313, employer’s May 23, 1991, appeal of the referee’s order on compensability did stay payment of benefits awarded by the later determination order. Diamond Fruit Growers v. Goss, 120 Or App 390, 852 P2d 915,…