KOSKELA v. WILLAMETTE INDUSTRIES, INC.

(WCB 95-08576; CA A97325; SC S46351)

15 P.3d 548 (2000)

331 Or. 362

In the Matter of the Compensation of George D. Koskela, Claimant. George D. KOSKELA, Petitioner on Review, v. WILLAMETTE INDUSTRIES, INC., Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided December 14, 2000.


Attorney(s) appearing for the Case

David W. Hittle, Burt, Swanson, Lathen, Alexander, and McCann, Salem, argued the cause and filed the brief for petitioner on review.

David L. Johnstone, VavRosky, MacColl, Olson, Bush & Pfeifer, P.C ., Portland, argued the cause and filed the brief for respondent on review.

Julene M. Quinn, Salem, filed a brief on behalf of amici curiae SAIF Corporation and South Hills Health Care Center.

Phil Goldsmith, Portland, filed a brief on behalf of amici curiae Oregon Trial Lawyers Association, Legal Aid Services of Oregon, Oregon Advocacy Center, Oregon Law Center, and Oregon AFL-CIO. With him on the brief was Lake James H. Perriguey.


LEESON, J.

The underlying issue in this workers' compensation proceeding is whether claimant is permanently totally disabled.1 The Workers' Compensation Board (Board) held that claimant is only permanently partially disabled. The Board rejected claimant's assertion that the post-1995 process for determining whether a worker should receive an award of permanent total disability (PTD) benefits facially is invalid under the Due Process Clause...

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