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AMERICAN BLDG. MAINT. v. McLEES

No. WCB 81-02113; CA A25521; SC S30082.

679 P.2d 1361 (1984)

296 Or.App. 772

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

Supreme Court of Oregon, In Banc.

Decided April 17, 1984.

Attorney(s) appearing for the Case

Allan M. Muir, Portland, argued the cause for petitioner on review. With him on the brief were Ridgway K. Foley, Jr., P.C., Schwabe, Williamson, Wyatt, Moore & Roberts, and Paul R. Bocci, Portland.

Evohl F. Malagon, Eugene, argued the cause for respondent on review. On the brief was David C. Force, Eugene.

ROBERTS, Justice.

We accepted review in this case to determine whether Oregon's workers' compensation law requires consideration of a previous Veterans' Administration (VA) disability award when determining the amount of a later Oregon workers' compensation award for injury to the same part of the body. The referee, Board and Court of Appeals all concluded that VA compensation should not be considered in calculating claimant's disability award. Four members of the...

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