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TEE v. ALBERTSON'S, INC.

88-11538; CA A91626.

939 P.2d 668 (1997)

148 Or. App. 384

In the Matter of the Compensation of Betty S. Tee, Claimant. Betty S. TEE, Petitioner, v. ALBERTSON'S, INC., Respondent.

Court of Appeals of Oregon.

Decided June 11, 1997.

Attorney(s) appearing for the Case

Kevin Keaney, Portland, argued the cause for petitioner. With him on the brief was Pozzi Wilson Atchison.

Thomas M. Christ, Portland, argued the cause for respondent. With him on the brief was Mitchell, Lang & Smith.

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

LANDAU, Judge.

At issue in this workers' compensation case is whether claimant is incapable of regularly performing work at a "gainful" and suitable occupation and, thus, is permanently and totally disabled. ORS 656.206(1)(a) defines a "gainful" occupation as "one that pays wages equal to or greater than the state mandated hourly minimum wage." Claimant is capable of working at a part-time telemarketing job, which pays &...

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