"In determining whether claimant is permanently and totally disabled, we consider all of her medical impairment, including pre-existing noncompensable disability. Lohr v. SAIF, 48 Or. App. 979, 983, 618 P.2d 468 (1980); ORS 656.206 (1)(a). The extent of disability is determined from the conditions existing at the time of the hearing.
In determining whether claimant is permanently and totally disabled, we consider all of her medical impairment, including pre-existing noncompensable disability. Lohr v. SAIF, 48 Or. App. 979, 983, 618 P.2d 468 (1980); ORS 656.206(1)(a). The extent of disability is determined from the conditions existing at the time of the hearing.
Claimant's award can be adjusted if, through vocational rehabilitation, on-the-job training, or otherwise, he is no longer permanently incapacitated from regularly performing work at a gainful and suitable occupation. ORS 656.278; Lohr v. SAIF, 48 Or. App. 979, 985, 618 P.2d 468 (1980). There is some evidence that claimant's best chance at rehabilitation would be through repetitive, on-the-job instruction.
Nothing in the statutes or the caselaw prohibits a redetermination of the extent of disability when a claim is reopened. Lohr v. SAIF, 48 Or. App. 979, 618 P.2d 468 (1980). Affirmed.
(Emphasis supplied.)See also Lohr v. SAIF, 48 Or. App. 979, 618 P.2d 468 (1980); Leedy v. Knox, 34 Or. App. 911, 581 P.2d 530 (1978). The three cases cited above are permanent total disability cases, but we believe their reasoning applies equally to permanent partial disability cases.
(Emphasis supplied.) Claimant is correct in arguing that ORS 656.206(1) (a), which defines "permanent total disability," includes pre-existing disabilities. Hill v. SAIF, 38 Or. App. 13, 588 P.2d 1287 (1979); Lohr v. SAIF, 48 Or. App. 979, 618 P.2d 468 (1980). However, even adding claimant's other physical problems into the calculation with the compensable injury, no finding of permanent total disability results.