Opinion
82-02459; CA A29098
Argued and submitted April 6, 1984
Modified and remanded May 2, 1984
Judicial Review from Workers' Compensation Board.
Janet A. Metcalf, Portland, argued the cause for petitioner. With her on the brief were January V. Roeschlaub, Mt. Angel, and English Metcalf, Portland.
Donna Parton Garaventa, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent. With her on the brief were Dave Frohnmeyer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
Before Gillette, Presiding Judge, and Van Hoomissen and Young, Judges.
PER CURIAM
Order modified to eliminate provision concerning surgery; remanded for further proceedings.
Claimant appeals from a Workers' Compensation Board (Board) order affirming and adopting a decision of the referee. Recitation of the facts, and of the contentions of the parties, would not benefit bench or bar. We modify the "ORDER" portion of the referee's decision by deleting from the first paragraph thereof the words, "* * * and reopen the same at the time claimant submits to the surgery proposed by Dr. Poulson." The case is remanded to the Board for further proceedings to determine to what compensation, if any, claimant is entitled.
Order modified to eliminate provision concerning surgery; remanded for further proceedings.