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FLETCHER v. STATE ACC. INS. FUND

WCB 79-1407; CA 16868.

617 P.2d 945 (1980)

48 Or.App. 777

In the matter of the Compensation of Giles L. FLETCHER, Claimant, Petitioner, v. STATE Accident Insurance Fund and Workers' Compensation Department, Respondents.

Court of Appeals of Oregon.

Decided October 13, 1980.

Attorney(s) appearing for the Case

Ann Morgenstern, Portland, argued the cause and filed the brief for petitioner.

Richard D. Barber, Jr., Certified Law Student, Salem, argued the cause for respondent State Acc. Ins. Fund. On the brief were K.R. Maloney, Chief Counsel, James A. Blevins, Chief Trial Counsel, and Darrell E. Bewley, Associate Counsel, State Acc. Ins. Fund, Salem.

No appearance made by respondent Workers' Compensation Dept.

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

ROBERTS, Judge.

This is an appeal from a Workers' Compensation Board decision interpreting ORS 656.209.1 That statute provides:

"(1) With the authorization of the department, the amount of any permanent total disability benefits payable to an injured worker shall be reduced by the amount of any disability benefits the worker receives from federal social security. "* * * "(3) No reduction of benefits shall be...

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