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GETTMAN v. STATE ACC. INS. FUND

WCB Nos. 78-4221 & 78-4222; CA 15318; SC 26853.

616 P.2d 473 (1980)

289 Or. 609

In the Matter of the Compensation of Harry GETTMAN, Petitioner, v. STATE ACCIDENT INSURANCE FUND, Respondent.

Supreme Court of Oregon, In Banc.

Decided September 10, 1980.

Attorney(s) appearing for the Case

Richard A. Sly, of Bloom, Ruben, Marandas & Sly, Portland, argued the cause and filed the brief for petitioner.

Darrell E. Bewley, Associate Counsel of Attorneys, SAIF, Salem, argued the cause for respondent. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, SAIF, Salem.

Steven C. Yates, Evohl F. Malagon, and Malagon & Yates, Eugene, filed a brief amicus curiae for the Oregon Trial Lawyers Association.

LENT, Justice.

The issue in this workers' compensation case is whether a claimant's potential for retraining justifies denying him an award of compensation for permanent total disability.

The record discloses the following undisputed facts. The claimant is a 59 year old man who worked as a laborer and park attendant for the Portland Parks Bureau for 27 years. On March 16, 1977, claimant suffered a back injury in a fall at work. The claimant could not return...

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