CUTRIGHT v. WEYERHAEUSER CO.

80-06928; CA A29177, 81-00582; CA A29279, SC S31315.

702 P.2d 403 (1985)

299 Or. 290

In the matter of the Compensation of Ralph R. CUTRIGHT, Claimant. Ralph R. Cutright, Petitioner On Review, v. WEYERHAEUSER COMPANY, Self-Insured Employer, Respondent On Review. In the matter of the Compensation of Agnes J. Brech, Claimant. Agnes J. Brech, Petitioner On Review, v. River Shore Motel, Employer, and Insurance Company of North America, Carrier, Respondents On Review.

Supreme Court of Oregon.

Argued and Submitted March 6, 1985.

Reconsideration Denied August 8, 1985.


Attorney(s) appearing for the Case

Robert K. Udziela, of Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, argued the cause and filed the petition for petitioners on review.

Paul L. Roess, of Foss, Whitty & Roess, Coos Bay, argued the cause for respondent on review Weyerhaeuser Co.

Allan M. Muir, Portland, argued the cause and filed a brief for respondents on review River Shore Motel and Insurance Co. of North America. With him on the response to the petition for review were Schwabe, Williamson, Wyatt, Moore & Roberts, Ridgway K. Foley, Jr., P.C., and Dennis S. Reese, Portland.

Jerald P. Keene, of Roberts, Reinisch & Klor, P.C., Portland, filed an amicus curiae brief on behalf of the Association of Workers' Compensation Defense Attorneys.


JONES, Justice.

The issue is whether workers' compensation claimants are entitled to temporary total disability1 benefits for aggravation of their original compensable injuries, where the claimants had voluntarily removed themselves from the labor market, i.e., "retired," at the time of the aggravation of their prior work-related injuries. We hold that the claimants are not entitled to compensation for temporary total disability...

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