From Casetext: Smarter Legal Research

Marshall v. Saif Corporation

Oregon Court of Appeals
Feb 18, 1987
732 P.2d 958 (Or. Ct. App. 1987)

Opinion

WCB 84-09863; CA A38620

Argued and submitted January 9, 1987.

Reversed in part and referee's order with respect to scheduled disability reinstated; otherwise affirmed February 18, 1987.

Judicial Review from Workers' Compensation Board.

Nelson R. Hall, Portland, argued the cause for petitioner. With him on the brief was Pozzi, Wilson, Atchison, O'Leary Conboy, Portland.

John A. Reuling, Jr., Assistant Attorney General, Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.


PER CURIAM

Reversed in part; referee's order with respect to scheduled disability reinstated; otherwise affirmed.


Claimant seeks review of an order of the Workers' Compensation Board reducing the amount of a scheduled award for loss of use of the left and right legs and increasing an award of unscheduled disability. It appears that the Board misinterpreted the medical evidence in erroneously concluding that claimant's disability was limited to his feet. In fact, as SAIF concedes, the disability extends to his legs. On de novo review, we conclude that the referee's award of 50 percent scheduled disability for loss of use of each leg is more appropriate.

Reversed in part; referee's order with respect to scheduled disability reinstated; otherwise affirmed.


Summaries of

Marshall v. Saif Corporation

Oregon Court of Appeals
Feb 18, 1987
732 P.2d 958 (Or. Ct. App. 1987)
Case details for

Marshall v. Saif Corporation

Case Details

Full title:In the Matter of the Compensation of Harry J. Marshall, Claimant…

Court:Oregon Court of Appeals

Date published: Feb 18, 1987

Citations

732 P.2d 958 (Or. Ct. App. 1987)
732 P.2d 958