GORNICK v. J. FRANK SCHMIDT & SON

(96-01924; CA A101382)

981 P.2d 817 (1999)

160 Or. App. 338

In the Matter of the Compensation of Judy J. Gornick, Claimant. Judy J. GORNICK, Petitioner, v. J. FRANK SCHMIDT & SON, SAIF Corporation, and Department of Consumer and Business Services, Respondents.

Court of Appeals of Oregon.

Decided May 12, 1999.


Attorney(s) appearing for the Case

Robert Pardington, Portland, argued the cause for petitioner. With him on the brief was Pozzi Wilson Atchison LLP.

Steve Cotton, Salem, argued the cause and filed the brief for respondents J. Frank Schmidt & Son and SAIF Corporation.

Philip Schradle, Assistant Attorney General, waived appearance for respondent Department of Consumer and Business Services.

Before LANDAU, Presiding Judge, and WOLLHEIM, Judge, and WARDEN, Senior Judge.


LANDAU, P.J.

Claimant suffered a compensable injury to her back in 1988 and was awarded permanent total disability benefits. In 1995, the Department of Consumer and Business Services determined that she was able to perform part-time sedentary or light work and issued an order concluding that she was no longer entitled to permanent total disability benefits. Claimant requested a hearing, and an administrative law judge (ALJ) affirmed the order, finding that she could...

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