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LANKFORD v. COMMODORE CORPORATION

WCB 83-11629; CA A37173.

759 P.2d 329 (1988)

92 Or.App. 622

In the matter of the Compensation of Ellen LANKFORD, Claimant. Ellen Lankford, Petitioner — Cross-Respondent, v. COMMODORE CORPORATION and Farmers Insurance, Respondents — Cross-Petitioners.

Court of Appeals of Oregon.

Decided August 24, 1988.

Attorney(s) appearing for the Case

James L. Edmunson, Eugene, argued the cause, for petitioner — cross-respondent. With him on the brief were Karen M. Werner and Malagon & Moore, Eugene.

Michael Bostwick, Portland, argued the cause, for respondents — cross-petitioners. On the brief were Bradley R. Scheminske and Davis, Bostwick, Scheminske & Lyons, Portland.

Before WARDEN, P.J., and VAN HOOMISSEN and GRABER, JJ.

WARDEN, Presiding Judge.

In this workers' compensation case, claimant was awarded permanent total disability (PTD) benefits by a determination order. Employer requested a hearing, contending that claimant's failure to seek employment as a respite care provider disqualified her from receiving PTD benefits under ORS 656.206(3). In a labor market survey made on behalf of employer by Columbia Rehabilitation Consultants, Inc. (CRC), respite care is "defined as `adult sitting...

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