Opinion
No. 76-1005, CA 7707
Argued July 18, 1977
Reversed August 17, 1977
Appeal from Circuit Court, Coos County.
James A. Norman, Judge.
Robert F. Walberg, Coos Bay, argued the cause for appellant. With him on the brief was Chandler, Walberg Whitty, Coos Bay.
Roger B. Todd, North Bend, argued the cause for respondent. With him on the brief was Flaxel, Todd Flaxel, North Bend.
Before Schwab, Chief Judge, and Tanzer and Johnson, Judges.
PER CURIAM.
Reversed.
In this worker's compensation case the Evaluation Division of the Workers' Compensation Board, referee and Board on review all awarded claimant 40.5 degrees for 30 percent loss of use of his right foot. The trial court raised the award to 45 percent loss of function of claimant's right foot. We defer to the expertise of the administrative agency. As we noted in Hannan v. Good Samaritan Hosp., 4 Or. App. 178, 193, 471 P.2d 831, 476 P.2d 931 (1970), Sup Ct review denied (1971), and Romero v. Compensation Department, 250 Or. 368, 373, 440 P.2d 866 (1968), tells us:
"* * * Further, it would seem that in the type of case we have before us, where the criteria for appraising disability is at best vague and highly subjective, the administrative agency should have some leeway in developing, if possible, a pattern of decision-making by a comparison of the many cases which are presented to it."
Reversed.