SAFEWAY STORES, INC. v. SMITH

WCB 91-05062; CA A77600.

857 P.2d 187 (1993)

122 Or. App. 160

In the Matter of the Compensation of Heather I. Smith, Claimant. SAFEWAY STORES, INC., Petitioner, v. Heather I. SMITH, Respondent.

Court of Appeals of Oregon.

Decided August 4, 1993.


Attorney(s) appearing for the Case

Kenneth L. Kleinsmith and Meyers & Radler, Tigard, filed the brief for petitioner.

Daryll E. Klein, Milwaukie, and Francesconi & Associates, Portland, filed the brief for respondent.

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


WARREN, Presiding Judge.

Employer seeks review of an order of the Workers' Compensation Board affirming the referee's award of unscheduled permanent partial disability. We reverse.

The only facts necessary to our opinion are that claimant was not employed at the time the determination order was issued, but was employed part time when the order on reconsideration of the determination order issued. In determining claimant's adaptability for purposes of rating...

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