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BIVENS v. WEYERHAEUSER COMPANY

487 P.2d 119 (1971)

In the matter of the Compensation of Clyde W. BIVENS, Claimant. Clyde W. Bivens, Appellant, v. WEYERHAEUSER COMPANY, Respondent.

Court of Appeals of Oregon, Department 1.

Decided July 15, 1971.

Attorney(s) appearing for the Case

Marvin E. Hansen, Eugene, argued the cause for appellant. With him on the brief were Hansen, Curtis & Strickland, Eugene.

J.W. McCracken, Jr., Eugene, argued the cause and filed the brief for respondent.

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

SCHWAB, Chief Judge.

This appeal involves the issue of whether a 51-year-old logger is unable to work at a gainful and suitable occupation as a result of injuries sustained when he was struck by a large rock in May of 1967.

Claimant recovered from the injuries with minimal residual physical effects. The issue is whether he is permanently and totally disabled by reason of a functional overlay, or whether his condition is not yet stationary. The Closing and...

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