Zwahlen v. Crown Zellerbach Co.

In this workers’ compensation case, claimant was overpaid certain amounts of temporary total disability after his vocational rehabilitation program was terminated. Relying on OAR 436-54-320, employer unilaterally began to recover the overpayment by deductions from each temporary total disability payment made after the claim was later reopened. The rule does not validly authorize such unilateral recovery. Forney v. Western States Plywood, 66 Or App 155, 672 P2d 1376 (1983).

Claimant requests penalties and attorney fees. ORS 656.262(10) provides for assessment of attorney fees and penalties…