R. A. Gray & Co. v. McKenzie

Employer petitions for reconsideration of the opinion of this court, R. A. Gray & Co. v. McKenzie, 56 Or App 394, 641 P2d 672 (1982), which affirmed an order of the Workers’ Compensation Board, awarding claimant compensation for permanent and total disability. We modified the Board’s order, changing the commencement date of claimant’s award from June 3, 1981, to July 2, 1980.

Employer correctly points out that claimant’s cross-appeal, in which he had asked for the earlier date for commencement of his benefits, was dismissed for late filing. Therefore, there was no cross-appeal. A respondent…