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Banks v. Saif

Oregon Court of Appeals
Mar 10, 1980
607 P.2d 771 (Or. Ct. App. 1980)

Opinion

WCB No. 76-573, CA 15326

Argued and submitted January 25, 1980

Reversed March 10, 1980

Judicial Review from Workers' Compensation Board.

Bruce A. Bottini, Portland, argued the cause for petitioner. With him on the brief was Zig I. Zakovics, Portland.

Darrell E. Bewley, Associate Counsel, State Accident Insurance Fund, Salem, argued the cause for respondent. With him on the brief were K. R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Accident Insurance Fund, Salem.

Before Buttler, Presiding Judge, and Gillette and Roberts, Judges.


PER CURIAM

Reversed.


In this Workers' Compensation case, the extent of claimant's permanent disability depends upon the compensability of his headache and blackout spells. Our review of the record leads us to conclude that the referee's evaluation of the evidence was correct, and that those symptoms were properly included in arriving at the extent of disability. The Board, therefore, should not have reduced the award. The question is a factual one and an extended opinion would serve no useful purpose. See Hoag v. Duraflake, 37 Or. App. 103, 585 P.2d 1149, rev den 284 Or. 521 (1978).

Reversed.


Summaries of

Banks v. Saif

Oregon Court of Appeals
Mar 10, 1980
607 P.2d 771 (Or. Ct. App. 1980)
Case details for

Banks v. Saif

Case Details

Full title:In the Matter of the Compensation of BANKS, Petitioner, v. STATE ACCIDENT…

Court:Oregon Court of Appeals

Date published: Mar 10, 1980

Citations

607 P.2d 771 (Or. Ct. App. 1980)
607 P.2d 771