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TRENT v. STATE COMPENSATION DEPARTMENT

466 P.2d 622 (1970)

In the matter of the Compensation of Tobe TRENT, Claimant. Tobe Trent, Respondent, v. STATE COMPENSATION DEPARTMENT, Appellant.

Court of Appeals of Oregon, Department 2.

Decided March 12, 1970.

Attorney(s) appearing for the Case

James F. Larson, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Atty. Gen., and Wallace Carpenter, Asst. Atty. Gen., Salem.

Edwin A. York, Portland, argued the cause for respondent. With him on the brief were Lent, York, Paulson & Bullock, Portland.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

LANGTRY, Judge.

This is a workmen's compensation appeal. At time of injury claimant was 75 years of age and had retired from steady construction work. He is a laborer with limited education and training. After retirement he had for several years worked gardening and wood-hauling jobs for 25 or 30 different people. According to his testimony this work was steady in the spring and early summer, light in the late summer, steady in the fall, and sparse in the winter....

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