SAIF CORPORATION v. BESWICK

WCB 86-00108; CA A62962.

802 P.2d 82 (1990)

104 Or.App. 494

In the matter of the Compensation of Cleo I. Beswick, Claimant. SAIF CORPORATION and Lane Community College, Petitioners, v. Cleo I. BESWICK, Respondent.

Court of Appeals of Oregon.

Decided November 28, 1990.


Attorney(s) appearing for the Case

David L. Runner, Asst. Atty. Gen., Salem, argued the cause for petitioners. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

W.D. Bates, Eugene, argued the cause and filed the brief for respondent.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


PER CURIAM.

Employer seeks review of the Workers' Compensation Board's decision affirming the referee's order that granted claimant permanent total disability. We reverse and remand.

Employer contends that the case should be remanded, because the Board failed to make a finding about whether claimant was willing to seek employment. ORS 656.206(3) provides:

"The worker has the burden of proving permanent total disability status and must establish that...

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