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FIMBRES v. SAIF

99-01095, 99-01690; A122548.

106 P.3d 690 (2005)

197 Or. App. 613

In the Matter of the Compensation of Filbert M. Fimbres, Claimant. Filbert M. FIMBRES, Petitioner, v. SAIF CORPORATION, Respondent.

Court of Appeals of Oregon.

Decided February 16, 2005.

Attorney(s) appearing for the Case

Robert F. Webber argued the cause for petitioner. With him on the briefs was Black, Chapman, Webber, Stevens & Petersen.

Jerome P. Larkin argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and LEESON, Judge pro tempore.

LEESON, J. pro tempore.

Claimant seeks judicial review of a decision of the Workers' Compensation Board order denying his claim for permanent total disability benefits (PTD) under ORS 656.206(1)(a). He contends that the board committed legal error by concluding that it should not consider claimant's preexisting degenerative disc disease in determining his entitlement to PTD benefits and that the board's finding that he was not permanently and totally disabled due...

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