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MATTER OF COMPENSATION OF GAINER

No. 79-862; CA 17556.

623 P.2d 1093 (1981)

50 Or.App. 457

In the matter of the Compensation of Archie Gainer, Claimant. Archie Gainer, Petitioner, v. STATE ACCIDENT INSURANCE FUND CORPORATION, Respondent.

Court of Appeals of Oregon.

Decided February 17, 1981.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause for petitioner. With him on the brief were Peter O. Hansen, and Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

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

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

BUTTLER, Judge.

The only issue in this Workers' Compensation case is whether a permanent disability award may be reduced because of claimant's refusal to submit to recommended surgical procedures which might improve his condition. Both the referee and the Board found that claimant's refusal was reasonable.

Claimant, a 43-year-old truck driver, sustained a compensable low back injury on November 14, 1977. Following an examination, claimant's doctors recommended...

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