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WHITMAN v. WESTERN CONCRETE

No. 80-03300; CA A21148.

637 P.2d 164 (1981)

55 Or.App. 5

In the matter of the Compensation of Ray A. WHITMAN, Claimant. Ray A. Whitman, Petitioner, v. WESTERN CONCRETE, Respondent.

Court of Appeals of Oregon.

Decided December 7, 1981.

Attorney(s) appearing for the Case

Allen T. Murphy, Jr., Portland, argued the cause for petitioner. With him on the brief was Richardson, Murphy, Nelson & Lawrence, Portland.

Emil R. Berg, Portland, argued the cause for respondent. On the brief were Daryll E. Klein, and Wolf, Griffith, Bittner, Abbott & Roberts, Portland.

Before JOSEPH, C.J., and WARDEN and WARREN, JJ.

JOSEPH, Chief Judge.

The issue in this workers' compensation case is the extent of unscheduled disability. By determination order, claimant was awarded 25 percent unscheduled disability for a low back injury. The referee awarded claimant 60 percent. Claimant appeals from a determination of the Workers' Compensation Board awarding him 35 percent unscheduled disability; he seeks 100 percent unscheduled disability. On de novo review, we reinstate the referee's...

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