OFFILL v. GREENBERRY TANK AND IRON CO.

WCB No. 94-01628; CA A88433.

921 P.2d 1342 (1996)

142 Or. App. 351

In the Matter of the Compensation of Bill R. Offill, Claimant. Bill R. OFFILL, Petitioner, v. GREENBERRY TANK AND IRON COMPANY and Liberty Northwest Insurance Corporation, Respondents.

Court of Appeals of Oregon.

Decided July 31, 1996.


Attorney(s) appearing for the Case

Robert Wollheim, Portland, argued the cause for petitioner. With him on the brief were Welch, Bruun, Green & Wollheim, James C. Egan and Emmons, Kropp, Kryger, et al.

Alexander D. Libmann, Salem, argued the cause and filed the brief for respondents.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.


RIGGS, Presiding Judge.

Claimant seeks review of an order of the Workers' Compensation Board that reduced his award of unscheduled permanent partial disability pursuant to OAR 436-35-007(3)(b). The rule provides, in part:

"A worker is not entitled to be doubly compensated for a permanent loss of earning capacity in an unscheduled body part which would have resulted from the current injury but which had already been produced by a prior injury and had been ...

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