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BRENNER v. INDUSTRIAL INDEM. CO.

566 P.2d 530 (1977)

30 Or.App. 69

In the matter of the Compensation of Ernest BRENNER, Claimant, Appellant, v. INDUSTRIAL INDEMNITY CO., Carrier, and L.D. Mattson, Employer, Respondents.

Court of Appeals of Oregon.

Decided July 18, 1977.

Attorney(s) appearing for the Case

James A. Pomajevich, Philomath, argued the cause and filed the brief for appellant.

Marshall C. Cheney, Portland, argued the cause for respondents. With him on the brief were Scott M. Kelley and Gearin, Cheney, Landis, Aebi & Kelley, Portland.

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

SCHWAB, Chief Judge.

Claimant appeals from an order of the circuit court affirming a decision of the Workmen's Compensation Board (Board) awarding him permanent partial disability of 96 degrees. Claimant contends he should be awarded permanent total disability.

In February 1972, claimant was injured in a fall while employed as a cement finisher. Claimant returned to work two days later for a half day but has not returned to work since because of low back pain...

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