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Culwell v. Kaiser Foundation Hosp

Oregon Court of Appeals
Aug 8, 1977
567 P.2d 574 (Or. Ct. App. 1977)

Opinion

No. A 76-11-15711, CA 7532

Argued May 17, 1977

Affirmed August 8, 1977

Appeal from Circuit Court, Multnomah County.

Alan F. Davis, Judge.

Marshall C. Cheney, Portland, argued the cause for appellant. With him on the brief was Gearin, Cheney, Landis, Aebi Kelley, Portland.

Millard M. Becker, Portland, argued the cause for respondent. With him on the brief was Becker Sipprell, Portland.


Before Schwab, Chief Judge, and Tanzer and Richardson, Judges.

PER CURIAM.

Affirmed.


This is an appeal by the insurer in a workers' compensation case. The hearings officer, Workers' Compensation Board and circuit court each found claimant to be permanently totally disabled.

The claimant is a middle-aged medical clerical worker who injured her back and, after a course of medical, surgical and therapeutic treatment, continues to experience substantial disabling pain. The decisional issues are the magnitude of pain, largely a matter of credibility, and claimant's ability and motivation to return to work. The latter issue we considered in Wilson v. Weyerhaeuser, 30 Or. App. 403, 567 P.2d 567 (1977).

It will do the corpus juris no benefit for us to set out the facts or rewrite the opinions which have been written below. It is enough to say that our review leads us to agree with the fact finders below that the claimant is permanently and totally disabled.

Affirmed.


Summaries of

Culwell v. Kaiser Foundation Hosp

Oregon Court of Appeals
Aug 8, 1977
567 P.2d 574 (Or. Ct. App. 1977)
Case details for

Culwell v. Kaiser Foundation Hosp

Case Details

Full title:CULWELL, Respondent, v. KAISER FOUNDATION HOSPITAL, Appellant

Court:Oregon Court of Appeals

Date published: Aug 8, 1977

Citations

567 P.2d 574 (Or. Ct. App. 1977)
567 P.2d 574