Opinion
No. A-77-03-04351, CA 8846
Submitted on record and briefs November 22, affirmed December 27, 1977
Appeal from Circuit Court, Multnomah County.
Pat Dooley, Judge.
John R. Sidman and Gerald C. Knapp, Portland, filed the brief for appellant.
Keith R. Maloney, Chief Counsel, James A. Blevins, Chief Trial Counsel, and Clayton Hess, Associate Counsel, State Accident Insurance Fund, Legal Division, Salem, filed the brief for respondent.
Before Schwab, Chief Judge, and Thornton and Joseph, Judges.
PER CURIAM.
Affirmed.
The only issue in this workers' compensation appeal is the extent of claimant's disability from an injury to his low back. The referee awarded permanent and total disability. The Workers' Compensation Board, which was affirmed by the circuit court, modified the referee's award by reducing claimant's disability award to 70 percent unscheduled permanent partial disability.
Having reviewed all the evidence, we agree with the Board and the circuit court that claimant has failed to establish that he is permanently and totally disabled. Wilson v. Weyerhaeuser, 30 Or. App. 403, 567 P.2d 567 (1977). Likewise we conclude, as did the Board and the circuit court, that 70 percent unscheduled permanent partial disability is appropriate.
Affirmed.