Opinion
WCB Case No. 80-03508, CA A21273
Argued and submitted October 30, 1981
Affirmed as modified March 8, 1982 Reconsideration allowed, affirmed as modified ( 57 Or. App. 426, 645 P.2d 30) May 19, 1982 Petition for review denied June 29, 1982 ( 293 Or. 340)
Judicial Review from Workers' Compensation Board.
Emil R. Berg, Portland, argued the cause for petitioner. On the brief were Margaret H. Leek Leiberan, and Lang, Klein, Wolf, Smith, Griffith Hallmark, Portland.
Rolf Olson, Salem, argued the cause for respondent. On the brief were Gregg R. Hraca, and Olson, Hittle, Gardner Evans, Salem.
Before Joseph, Chief Judge, and Warden and Warren, Judges.
PER CURIAM.
Order modified to provide that claimant's award of permanent and total disability be made retroactive to July 2, 1980. Affirmed as modified.
In this worker's compensation case, employer appeals an order of the Workers' Compensation Board, which reversed the order of the referee and held that claimant's neurological disorder was causally related to his 1978 injury and that claimant's condition had become aggravated. The Board awarded claimant permanent total disability commencing June 3, 1981, the date of the order.
On de novo review, we affirm the order of the Board awarding permanent total disability and find that claimant established that he was permanently and totally disabled as of July 2, 1980, when Dr. Rafal diagnosed claimant's condition as progressive supranuclear palsy. Morris v. Denny's, 53 Or. App. 863, 633 P.2d 827 (1981).
Order modified to provide that claimant's award of permanent and total disability be made retroactive to July 2, 1980. Affirmed as modified.