Opinion
WCB 76-6988, CA 11473
Argued December 22, 1978
Reversed and remanded February 20, 1979
Judicial Review from Workers' Compensation Board.
David W. Hittle, Salem, argued the cause for petitioner. With him on the briefs was Dye Olson, Salem.
L. Edward Robbins, Portland, argued the cause for respondent. With him on the brief were Souther, Spaulding, Kinsey, Williamson Schwabe, and Delbert J. Brenneman and Ridgway K. Foley, Jr., Portland.
Before Schwab, Chief Judge, and Gillette and Roberts, Judges.
Reversed and remanded.
GILLETTE, J.
In this Workers' Compensation case, the claimant appeals the Workers' Compensation Board's reduction to 15% unscheduled permanent disability of a referee's order granting 50% disability. We reverse and reinstate the referee's award.
Recitation of the facts is not warranted. See Hoag v. Duraflake, 37 Or. App. 103, 585 P.2d 1149 (1978). The case is a factual one, hinging almost entirely on the credibility of claimant. If the claimant's testimony is to be believed, she is substantially disabled. The referee specifically found her to be credible. The Board found otherwise. Examining the evidence relied upon by the Board, we find it no more persuasive than the claimant's testimony. This is a classic situation justifying deference to him who saw the witness. See Steiner v. SAIF, 34 Or. App. 317, 578 P.2d 497 (1978). We so defer.
Reversed and remanded with instructions to reinstate the referee's order.