Opinion
WCB No. 79-3281, CA 18518
Argued and submitted January 16, 1981
Affirmed as modified February 9, 1981 Reconsideration denied March 4, 1981 Petition for review denied May 5, 1981 ( 291 Or. 1)
Judicial Review from Workers' Compensation Board.
Kenneth D. Peterson, Jr., Eugene, argued the cause for claimant-petitioner. On the brief were Lyle C. Velure, and Malagon, Velure Yates, Eugene.
Ridgway K. Foley, Jr., Portland, argued the cause for respondent. With him on the brief was Schwabe, Williamson, Wyatt, Moore Roberts, Portland.
Before Joseph, Chief Judge, and Buttler and Warden, Judges.
PER CURIAM
Affirmed as modified.
In this workers' compensation case, a determination order had issued awarding claimant 40 percent (128 degrees) for unscheduled disability. The referee found him to be permanently and totally disabled. On the employer's request for review, the Board reversed the permanent total disability finding and concluded "that the award granted by the Determination Order of 35% unscheduled disability adequately compensates claimant * * *." It restored and affirmed the determination order.
On de novo review, we agree with the Board, but we note that the restored determination order awards 40 percent compensation, not 35 percent.
Affirmed as modified.