SUELL v. STATE ACCIDENT INSURANCE FUND


538 P.2d 84 (1975)

In the matter of the Compensation of Curley SUELL, Claimant. Curley Suell, Appellant, v. STATE ACCIDENT INSURANCE FUND, Respondent.

Court of Appeals of Oregon.

Decided July 28, 1975.


Attorney(s) appearing for the Case

D. Keith Swanson and Brown, Burt & Swanson, Salem, for appellant.

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Janet A. Metcalf, Asst. Atty. Gen., Salem, for respondent.

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


THORNTON, Judge.

The sole issue in this workmen's compensation appeal by claimant is the extent of his disability. The referee and Workmen's Compensation Board found claimant to be permanently and totally disabled; the circuit court reversed, awarding claimant 50 per cent permanent partial disability based on its finding that claimant had failed to sustain his burden of proving total disability or that he comes within the odd-lot category.

We adopt the following...

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