Opinion
81-08131; CA A30584
Argued and submitted September 24, 1984
Affirmed January 30, 1985
Judicial review of Workers' Compensation Board.
Victor A. Calzaretta, Portland, argued the cause for petitioner. With him on the brief were Robert K. Udziela, John S. Stone and Pozzi, Wilson, Atchison, O'Leary Conboy, Portland.
Allan M. Muir, Portland, argued the cause for respondent. With him on the brief were Ridgway K. Foley, Jr., P.C., Dennis S. Reese and Schwabe, Williamson, Wyatt, Moore Roberts, Portland.
Before Warden, Presiding Judge, and Van Hoomissen and Young. Judges.
PER CURIAM
Affirmed.
In this workers' compensation. case, claimant seeks judicial review of an order of the Workers' Compensation Board that affirmed a referee's decision denying him unscheduled permanent partial disability for his shoulder condition. The referee apparently believed, incorrectly, that only medical evidence could support a finding of permanent disability. On de novo review of both the medical and lay evidence, we find that claimant has failed to sustain his burden of proving that his shoulder disability is permanent.
Affirmed.