McKINNEY v. STATE ACCIDENT INSURANCE FUND


540 P.2d 393 (1975)

In the matter of the Compensation of W.J. McKinney, Claimant. W.J. McKinney, Respondent, v. STATE ACCIDENT INSURANCE FUND, Appellant.

Court of Appeals of Oregon.

Decided September 22, 1975.


Attorney(s) appearing for the Case

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Gary L. Marlette, Baker, argued the cause for respondent. With him on the brief were Banta, Silven & Young, Baker.

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


SCHWAB, Chief Judge.

In this workman's compensation case, by an initial determination order, claimant was awarded 50 per cent of the maximum allowable by statute for unscheduled low back disability. This award was affirmed by the referee and by the Workmen's Compensation Board. The circuit court found that claimant was permanently and totally disabled. We agree with the referee and the Board.

It is conceded that claimant's physical disabilities are moderate...

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