ELSEA v. LIBERTY MUT. INS.

130119M; A156924.

371 P.3d 1279 (2016)

277 Or. App. 475

In the Matter of Compensation of Richard Elsea, Claimant. Richard ELSEA, Petitioner, v. LIBERTY MUTUAL INSURANCE and Swan Island Sheet Metal Works, Inc., Respondents.

Court of Appeals of Oregon.

Decided April 13, 2016.


Attorney(s) appearing for the Case

Donald M. Hooten argued the cause for petitioner. With him on the briefs was William D. Okrent .

Carrie D. Wipplinger argued the cause and filed the brief for respondents.

Before SERCOMBE, Presiding Judge, and DeVORE, Judge, and TOOKEY, Judge.


In this case, the question is whether the Workers' Compensation Board erred in determining that claimant is not entitled to benefits for permanent total disability because he has failed to prove that he is willing to seek regular gainful employment. That proof is required by ORS 656.206(3)1 as construed in...

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