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MATTER OF COMPENSATION OF SMITH

WCB No. 77-1889; 78-1678; CA A20145.

636 P.2d 433 (1981)

54 Or.App. 730

In the matter of the Compensation of Johnny Smith, Claimant. Johnny Smith, Petitioner, v. BROOKS-SCANLON, Inc., Employer, and Employee Benefits Insurance Co., Respondent — Cross-Petitioner, and United Pacific/Reliance, Respondent — Cross-Respondent.

Court of Appeals of Oregon.

Decided November 16, 1981.

Reconsideration Denied December 23, 1981.

Attorney(s) appearing for the Case

Alice Goldstein, Portland, argued the cause for petitioner. With her on the brief was Welch, Bruun & Green, Portland.

Margaret H. Leek Leiberan, Portland, argued the cause for respondent — cross-petitioner, Employee Benefits Ins. Co. With her on the brief was Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.

Dennis VavRosky, Portland, argued the cause for respondent — cross-respondent United Pacific/Reliance. With him on the brief were Ronald W. Atwood and Rankin, McMurry, VavRosky & Doherty, Portland.

Before BUTTLER, P.J., JOSEPH, C.J., and WARDEN, J.

WARDEN, Judge.

Claimant appeals from an order of the Workers' Compensation Board which reversed the referee's award of permanent total disability and made an award of 80 percent unscheduled disability for a right shoulder injury (for which insurer Employee Benefits Insurance Co. (EBI) was held responsible) and reversed the referee's award of additional compensation for a left shoulder injury.1 EBI cross-appeals, contending that respondent...

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