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Day v. Saif

Oregon Court of Appeals
May 22, 1979
587 P.2d 119 (Or. Ct. App. 1979)

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.


Summaries of

Day v. Saif

Oregon Court of Appeals
May 22, 1979
587 P.2d 119 (Or. Ct. App. 1979)
Case details for

Day v. Saif

Case Details

Full title:DAY, Respondent, v. STATE ACCIDENT INSURANCE FUND, Petitioner

Court:Oregon Court of Appeals

Date published: May 22, 1979

Citations

587 P.2d 119 (Or. Ct. App. 1979)
587 P.2d 119

Citing Cases

Day v. Saif

On review from the Court of Appeals. Appeal from Workers' Compensation Board Order, 37 Or. App. 503, 587 P.2d…