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McMANUS v. STATE ACCIDENT INSURANCE FUND

474 P.2d 31 (1970)

In the matter of the Compensation of Eldon D. McManus, Claimant. Eldon D. McManus, Respondent, v. STATE ACCIDENT INSURANCE FUND, Successor to State Compensation Department, Appellant.

Court of Appeals of Oregon, Department 2.

Decided September 10, 1970.

Attorney(s) appearing for the Case

Quintin B. Estell, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and Wallace Carpenter, Asst. Atty. Gen., Salem.

Nels Peterson, Portland, argued the cause for respondent. With him on the brief were Peterson, Chaivoe & Peterson, Portland.

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

LANGTRY, Judge.

This is an appeal by the State Accident Insurance Fund (hereinafter referred to as the Fund) from judgment of the circuit court which awarded 50 per cent loss of claimant's left leg. The hearing officer and Workmen's Compensation Board (hereinafter referred to as the Board) each had allowed 15 per cent.

Claimant's left knee was injured in an on-the-job accident on September 9, 1967. He immediately saw a physician who prescribed rest, and, when...

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