FILED: December 16, 1998

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of the Compensation
of Jim R. Reed, Claimant.

JIM R. REED,

Petitioner,

v.

LABOR FORCE OF OREGON and LIBERTY
NORTHWEST INSURANCE CORPORATION,

Respondents.

(96-06663; CA A98353)

Judicial Review from Workers' Compensation Board.

On petitioner's Petition for Reconsideration filed September 10, 1998. Opinion filed September 2, 1998. 155 Or App 595, ___ P2d ___.

James S. Coon and Swanson, Thomas & Coon for the petition.

Before Edmonds, Presiding Judge, and Armstrong, Judge, and Warden, Senior Judge.

ARMSTRONG, J.

Reconsideration allowed; original opinion adhered to.

ARMSTRONG, J.

Claimant seeks reconsideration of our decision in Reed v. Labor Force of Oregon, 155 Or App 595, ___ P2d ____ (1998), in which we held that claimant was not entitled to temporary disability payments for the period between November 1, 1995, and March 12, 1996. Claimant contends that the proper disposition of the case would have been to "remand [it] so that the insurer can undertake to fulfill its legal obligation to verify and document temporary disability authorization."

Before the Board, claimant argued only that insurer should be required to pay temporary time-loss benefits as a penalty for failing to follow the applicable administrative rules. It was not until the matter was before us that claimant raised the possibility of remand for the purpose of requiring the insurer to verify claimant's disability. Because claimant did not seek from the Board the relief that he now seeks from us, we will not grant the requested relief.

Reconsideration allowed; original opinion adhered to.


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