DEATON v. STATE ACCIDENT INSURANCE FUND


509 P.2d 1215 (1973)

In the matter of the Compensation of Henry C. DEATON, Claimant. Henry C. Deaton, Appellant, v. STATE ACCIDENT INSURANCE FUND, Respondent.

Court of Appeals of Oregon.

Decided May 14, 1973.


Attorney(s) appearing for the Case

Dan O'Leary, Portland, argued the cause for appellant. With him on the brief were Pozzi, Wilson & Atchison, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.


SCHWAB, Chief Judge.

The issue in this case is the extent of disability sustained by claimant. The resolution of it leads us to a further discussion of what 2 Larson, Workmen's Compensation Law § 57.51, refers to as the "odd-lot" doctrine which we first cited with approval in Swanson v. Westport Lumber Co., 4 Or.App. 417, 479 P.2d 1005 (1971), and to a discussion of what part a claimant's motivation to return to work plays in...

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