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McCOY v. TRANSPORT INDEMNITY COMPANY

556 P.2d 711 (1976)

27 Or.App. 437

In the matter of the Compensation of William K. McCoy, Claimant, Respondent, v. TRANSPORT INDEMNITY COMPANY and I-5 Freightlines, Appellants.

Court of Appeals of Oregon.

Decided November 22, 1976.

Attorney(s) appearing for the Case

Dennis R. VavRosky, Portland, argued the cause for appellants. With him on the brief was McMurry & Nichols, Portland.

David W. Hittle, Salem, argued the cause for respondent. With him on the brief was Dye & Olson, Salem.

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

THORNTON, Judge.

Claimant in this case is a 56-year-old truck driver who sustained an injury to his back on October 25, 1973. Insurer contests the holding of the referee, affirmed by the Workmen's Compensation Board and the circuit court, that claimant was in the odd-lot category and was entitled to permanent total disability.

The insurer argues that because claimant is highly motivated and feels optimistic about...

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