We adhere to our former opinion, Ficker v. Diefenbach, 34 Or App 241, 578 P2d 467 (1978), but modify it to the extent that the following sentence is deleted:
«* * * \ye now amplify that holding by stating that the reference to damages therein is to those damages authorized by other sections of the Act. * * *” 34 Or App at 247.
That statement was not necessary to our decision.
Petition for reconsideration granted; former opinion as modified adhered to.