Opinion
82-07338; CA A33371
Argued and submitted April 1, 1985.
Affirmed November 14, 1985.
Judicial Review from Workers' Compensation Board.
Allan M. Muir, Portland, argued the cause for petitioner. With him on the brief were Lawrance L. Paulson and Schwabe, Williamson, Wyatt, Moore Roberts, Portland.
Richard Lee, Eugene, argued the cause for respondent. With him on the brief was Velure Bruce, Eugene.
Before Richardson, Presiding Judge, and Warden and Newman, Judges.
PER CURIAM
Affirmed.
Employer petitions for review of an order of the Workers' Compensation Board finding claimant permanently and totally disabled. The Board not only found claimant's aggravation claim compensable but also concluded that claimant was entitled to a new determination of the extent of his disability after the termination of his vocational rehabilitation program at Klamath Work Activity Center without proving an aggravation. ORS 656.268(5); Hanna v. SAIF, 65 Or. App. 649, 672 P.2d 67 (1983). On de novo review we agree with the Board and with its determination that claimant is permanently and totally disabled as of May 12, 1981.
Affirmed.