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TEE v. ALBERTSONS, INC.

WCB 88-11538; CA A64558; SC S38437.

842 P.2d 374 (1992)

314 Or. 633

In the Matter of the Compensation of Betty S. Tee, Claimant. Betty S. TEE, Petitioner on Review, v. ALBERTSONS, INC., Self Insured Employer, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided November 25, 1992.

Attorney(s) appearing for the Case

Kevin N. Keaney, of Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, argued the cause for petitioner on review and filed the petition for review.

Thomas M. Christ, Portland, argued the cause for respondent on review and filed the response to the petition.

Donald M. Hooton, Eugene, filed an amicus curiae brief on behalf of Oregon Trial Lawyers Ass'n.

PETERSON, Justice.

Here, an injured worker has been found capable of part-time work in an occupation, but her earnings would be approximately one-third of her pre-injury wages. She claims that her earnings are so greatly reduced as to entitle her to a permanent total disability (PTD) award. ORS 656.206(1)(a) provides:

"`Permanent total disability' means the loss, including preexisting disability, of use or function of any scheduled or unscheduled portion of...

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