SAIF v. STEPHEN

WCB 85-14678; CA A46435; SC S35680.

774 P.2d 1103 (1989)

308 Or. 41

In the matter of the Compensation of Grace L. Stephen, Claimant. SAIF Corporation and Oregon Shipyards, Petitioners On Review, v. Grace L. STEPHEN, Respondent On Review.

Supreme Court of Oregon.

Decided May 31, 1989.


Attorney(s) appearing for the Case

Christine Chute, Asst. Atty. Gen., Salem, argued the cause for petitioners on review. With her on the petition were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

James L. Edmunson of Malagon & Associates, Eugene, argued the cause for respondent on review.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE and FADELEY, JJ.


JONES, Justice.

The issue in this workers' compensation case is whether a claimant who voluntarily leaves the work force and thereafter becomes totally disabled by a compensable injury is entitled to permanent total disability (PTD) benefits. We hold that, before a claimant is entitled to PTD benefits, the claimant must establish that, but for the compensable injury, she is or would be willing to seek regular gainful employment...

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