Opinion
WCB 86-00195; CA A47501
On petitioner's petition for reconsideration filed January 11, reconsideration allowed; former opinion ( 93 Or. App. 780, 764 P.2d 625) withdrawn; reversed and remanded for reconsideration March 8, 1989
Judicial Review from Workers' Compensation Board.
Bradley R. Scheminske, and Scheminske Lyons, Portland for petition.
Before Richardson, Presiding Judge, and Newman and Deits, Judges.
PER CURIAM
Reconsideration allowed; former opinion withdrawn; reversed and remanded for reconsideration.
Employer petitions for review of our decision, 93 Or. App. 780, 764 P.2d 625 (1988), in which we affirmed the referee's and the Board's conclusion that claimant's knee condition is compensable. We treat the petition as a petition for reconsideration and allow it.
Employer contends that the referee's opinion and order, which was adopted by the Board, is not sufficient for judicial review. Armstrong v. Asten-Hill Co., 90 Or. App. 200, 752 P.2d 312 (1988). Particularly, employer complains that the order does not address whether claimant's condition is compensable in the light of Wheeler v. Boise Cascade, 298 Or. 452, 693 P.2d 632 (1985), and Weller v. Union Carbide, 288 Or. 27, 602 P.2d 259 (1979). We agree that the order is deficient and does not meet the guidelines propounded in Armstrong v. Asten-Hill Co., supra.
Reconsideration allowed; former opinion withdrawn; reversed and remanded for reconsideration.
ORDERS WITHDRAWING DECISIONS March 15,1989
State v. Crocker, Jerry Lee (A46952).
On February 22, 1989, the court issued its decision ( 95 Or. App. 260) dismissing this appeal. The court on its own motion withdraws that decision in light of State v. Donovan, 307 Or. 461, 770 P.2d 581 (1989).
(770 P.2d 922)
State v. Victoroff, Walter Wayne (A46680).
On February 22, 1989, the court issued its decision ( 95 Or. App. 442) dismissing this appeal. The court on its own motion withdraws that decision in light of State v. Donovan, 307 Or. 461, 770 P.2d 581 (1989).