FILED: August 4, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of the Compensation
of Thomas R. Sledd, Claimant.

SAIF CORPORATION and
JENSEN TREE SERVICE,

Petitioners,

v.

THOMAS R. SLEDD,

Respondent.

(WCB 96-06662; CA A99152)

Judicial Review from Worker's Compensation Board.

Argued and submitted May 20, 1998.

David L. Runner argued the cause and filed the brief for petitioners.

Benton Flaxel argued the cause for respondent. With him on the brief was Flaxel & Nylander.

Before Warren, Presiding Judge,* and Edmonds and Armstrong, Judges.

PER CURIAM

Remanded for reconsideration.

*Retired February 28, 1999.

PER CURIAM

Petitioners SAIF Corporation and Jensen Tree Service seek review of a Workers' Compensation Board order that affirmed an award of temporary disability compensation for a period beginning nearly three years before it was authorized by claimant's attending physician.(1) The Board adopted and affirmed the administrative law judge's order, which was based on the Board's decision in an earlier case, Kenneth P. Bundy, 48 Van Natta 2501 (1996). However, this court has since reversed Bundy. Fred Meyer, Inc. v. Bundy, 159 Or App 44, 978 P2d 385, rev pending (1999). We remand to the Board for reconsideration in light of our decision in Bundy.

Remanded for reconsideration.


1. This award was limited by ORS 656.212, which places a two-year maximum on the length of time a worker can receive temporary disability compensation.

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