MATTER OF COMPENSATION OF REUST

WCB No. 80-00038; CA A24193.

652 P.2d 884 (1982)

60 Or.App. 43

In the matter of the Compensation of Jerry J. REUST, Claimant. Jerry J. Reust, Petitioner, v. SAIF CORPORATION, Respondent.

Court of Appeals of Oregon.

Decided October 27, 1982.


Attorney(s) appearing for the Case

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

Darrell E. Bewley, Appellate Counsel, State Accident Insurance Fund Corporation, Salem, argued the cause and filed the brief for respondent.

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


THORNTON, Judge.

This is a case where the order of the Workers' Compensation Board reversing the referee is defective in that it does not appear that the Board, in arriving at claimant's unscheduled permanent partial disability, gave sufficient consideration to claimant's loss of earning capacity. The Board reduced the hearings referee's permanent partial disability award from 65 percent to 35 percent for a back injury.

The preponderance of medical opinion...

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