MATTER OF COMPENSATION OF WELCH

82-01160; CA A30608.

690 P.2d 1080 (1984)

70 Or.App. 699

In the matter of the Compensation of James C. Welch, Claimant. James C. Welch, Petitioner, v. BANISTER PIPELINE, Respondent.

Court of Appeals of Oregon.

Decided November 7, 1984.

Reconsideration Denied December 21, 1984.

Review Denied January 8, 1985.


Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for petitioner. With him on the brief was Burt, Swanson, Lathen, Alexander & McCann, Salem.

Brian L. Pocock, Eugene, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

Claimant appeals an order of the Workers' Compensation Board which reversed the referee and held that claimant was not permanently and totally disabled. We reverse.

In this case, in which the claimant does not exhibit total physical incapacity, we are involved with the so-called "odd-lot" doctrine, under which a disabled person may remain capable of performing work of some kind but still be permanently disabled due to a combination of medical...

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