Opinion
WCB No. 77-3978, CA 11163
Argued November 29, 1978
Reversed and remanded December 11, 1978, petition for review allowed May 22, 1979, 286 Or. 449 See later issue of Oregon Reports
Judicial Review from Workers' Compensation Board.
Quinton B. Estell, Associate Counsel, State Accident Insurance Fund, Salem, argued the cause for petitioner. With him on the brief were K. R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Accident Insurance Fund, Salem.
John J. Haugh, Portland, argued the cause and filed the brief for respondent.
Before Schwab, Chief Judge, and Johnson, Gillette, and Roberts, Judges.
PER CURIAM.
Reversed and remanded.
Claimant sustained a back injury on November 20, 1976, when he slipped and fell while getting off a crawler tractor. The determination order closed the claim awarding time loss to the date of closure. The referee and the Workers' Compensation Board awarded permanent total disability. We reverse, reinstating the determination order. The weight of the evidence in this case indicates that claimant was permanently and totally disabled prior to the November 20, 1976 injury. See Hoag v. Duraflake, 37 Or. App. 103, 585 P.2d 1149 (1978).
Reversed and remanded.