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NELSON v. EBI COMPANIES

No. 81-1037; CA A25536; SC 29918.

674 P.2d 596 (1984)

296 Or. 246

In the matter of the Compensation of Patricia R. NELSON, Claimant. Patricia R. Nelson, Petitioner On Review, v. EBI COMPANIES, Respondent On Review.

Supreme Court of Oregon.

Decided January 10, 1984.

Attorney(s) appearing for the Case

Richard W. Condon, Salem, argued the cause and filed the petition and brief for petitioner on review.

James N. Westwood, Portland, argued the cause for respondent on review. With him on the brief were Donald P. Bourgeois and Miller, Nash, Yerke, Wiener & Hager, Portland.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.

JONES, Justice.

Claimant appealed from an order of the Workers' Compensation Board that reversed a referee's order awarding her 25 percent unscheduled permanent partial disability and reinstated a determination order awarding her only 5 percent unscheduled disability. The Board held that claimant's failure to continue a weight-loss program recommended by her physicians was keeping her from recovering from her injury as fully as she otherwise would and down-rated her...

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