MATTER OF COMPENSATION OF PETZ

WCB No. 79-01374; CA No. A21763.

648 P.2d 372 (1982)

58 Or.App. 347

In the matter of the Compensation of Elmer W. Petz, Claimant. Elmer W. Petz, Petitioner, v. BOISE CASCADE CORPORATION, Respondent.

Court of Appeals of Oregon.

Decided July 21, 1982.

Review Denied September 21, 1982.


Attorney(s) appearing for the Case

Robert W. Muir, Albany, argued the cause for petitioner. With him on the brief was Emmons, Kyle, Kropp & Kryger, P.C., Albany.

Katherine H. O'Neil, Portland, argued the cause for respondent. With her on the brief were Paul R. Bocci, and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


VAN HOOMISSEN, Judge.

Claimant appeals an order of the Workers' Compensation Board that reversed a referee's opinion and order finding that he is permanently and totally disabled. Because claimant was determined to be permanently and totally disabled in 1975, the employer bears the burden of proving that he is no longer totally disabled. Bentley v. SAIF, 38 Or.App. 473, 478, 590 P.2d 746 (1979). The issue is whether employer...

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