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McCLENNY v. S.I.A.C.

236 Or. 383 (1963)

388 P.2d 117

McCLENNY v. STATE INDUSTRIAL ACCIDENT COMMISSION

Supreme Court of Oregon.

Affirmed December 31, 1963.

Petition for rehearing denied January 28, 1964.

Attorney(s) appearing for the Case

Paul J. Jolma, Clatskanie, argued the cause and filed a brief for appellant.

T. Walter Gillard, Assistant Attorney General for Oregon, Portland, argued the cause for respondent. On the brief were Robert Y. Thornton, Attorney General for Oregon, and Ray H. Lafky, Assistant Attorney General for Oregon, both of Salem, and George S. Woodworth, Assistant Attorney General for Oregon, and of Attorneys for respondent State Industrial Accident Commission, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN and LUSK, Justices.

AFFIRMED.

PERRY, J.

The plaintiff suffered an aggravation of a previous back injury. The State Industrial Accident Commission made a finding that plaintiff's unscheduled injury was compensable as a permanent partial disability and determined that compensation should be paid on the basis of a 40 per cent loss of the use of an arm. From this award by the Commission the plaintiff appealed.

The matter was tried in the Circuit Court, where the jury also...

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