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WILBURN v. STATE ACC. INS. FUND

WCB No. 78-123; CA 14697.

603 P.2d 1220 (1979)

43 Or.App. 611

In the Matter of the Compensation of David E. WILBURN, Claimant, Petitioner, v. STATE Accident Insurance Fund, Carrier, Respondent.

Court of Appeals of Oregon.

Decided December 10, 1979.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause for petitioner. On the brief were Dan O'Leary, and Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Darrell E. Bewley, Associate Counsel, State Acc. Ins. Fund, Salem, argued the cause for respondent. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Acc. Ins. Fund, Salem.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

BUTTLER, Presiding Judge.

The principal issue in this workers' compensation case is the extent of the claimant's disability. The claimant contends that he is permanently and totally disabled. We agree.

The claimant suffered a compensable injury in 1971 when the edge of a landfill collapsed from under the garbage truck he was driving. The truck, with claimant still inside the cab, fell some 25 to 30 feet to the bottom...

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