# Weyerhaeuser Co. v. Kepford

> Court of Appeals of Oregon · February 14, 1990 · 100 Or. App. 410

URL: https://www.frixlaw.com/law-library/cases/9792000

## Case

- **Full name:** In the Matter of the Compensation of Charles M. Kepford, Claimant. WEYERHAEUSER COMPANY, Petitioner, v. KEPFORD, Respondent
- **Court:** Court of Appeals of Oregon
- **Decided:** February 14, 1990
- **Citations:** 100 Or. App. 410; 786 P.2d 745; 1990 Ore. App. LEXIS 111
- **Precedential status:** Published
- **Opinion:** Concurring in part by Joseph
- **Judges:** Buttler, Joseph, Rossman, Graber
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9792000

## Opinion text

*416 JOSEPH, C. J.,
concurring in part; dissenting in part.
I concur with the lead opinion that claimant is entitled to total temporary disability benefits.
I dissent from the lead opinion in respect to the penalty assessed against employer for failure to pay temporary disability benefits. The lead opinion says that it was not unreasonable for employer to rely on the advice of its counsel that it was not required to pay benefits because claimant had retired. In the face of ORS 652.268, employer had no right to rely on bad legal advice. Its conduct in that respect was, therefore, unreasonable. The Board properly assessed the penalty.
Graber, J., joins in this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9792000. Public record. Not legal advice.