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AMERICAN BLDG. MAINT. v. McLEES

WCB No. 81-02113; CA A25521.

669 P.2d 375 (1983)

64 Or.App. 602

IN THE MATTER OF THE COMPENSATION OF LAWRENCE MCLEES, Claimant. AMERICAN Building Maintenance, Petitioner, v. Lawrence McLees, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted August 3, 1983.

Decided September 21, 1983.

Reconsideration Denied November 4, 1983.

Review Allowed November 22, 1983.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for petitioner. With him on the brief was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Peter McSwain, Eugene, argued the cause for respondent. On the brief was David C. Force, Eugene.

Resubmitted In Banc August 3, 1983.

WARDEN, Judge.

In this workers' compensation case, we are asked to decide whether Oregon law requires a referee to consider a previous Veterans' Administration (VA) disability award when determining the amount of a later Oregon workers' compensation award for injury to the same portion of the body. Both the referee and the Board concluded that claimant's VA compensation should not be considered in calculating his disability...

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