Barham v. SAIF Corp.

Court of Appeals of Oregon

Barham v. SAIF Corp.

139 P.3d 971, 206 Or. App. 766, 2006 Ore. App. LEXIS 987

CourtCourt of Appeals of Oregon

DecidedJuly 12, 2006

Docket04-01887; A126819

StatusPublished

This text of 139 P.3d 971 (Barham v. SAIF Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barham v. SAIF Corp., 139 P.3d 971, 206 Or. App. 766, 2006 Ore. App. LEXIS 987 (Or. Ct. App. 2006).

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Opinion

PER CURIAM

Claimant seeks judicial review of an order of the Workers’ Compensation Board, arguing that the board erred (1) in determining that claimant’s occupational classification is that of a “contractor” rather than that of an “excavator/ backhoe operator”; and (2) in reducing claimant’s partial disability award for his left shoulder from 20 percent to 12 percent instead of 14 percent. The board’s determination of claimant’s occupational classification is supported by substantial evidence. SAIF concedes that the board made a scrivener’s error in reducing the award from 20 percent to 12 percent and that the award should have been reduced to 14 percent. We agree and accept SAIF’s concession; accordingly, we reverse the order and remand for entry of a corrected order awarding claimant 14 percent unscheduled permanent partial disability for his left shoulder.

Order reversed and remanded for entry of corrected order awarding claimant 14 percent unscheduled permanent partial disability; otherwise affirmed.

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PER CURIAM

Claimant seeks judicial review of an order of the Workers’ Compensation Board, arguing that the board erred (1) in determining that claimant’s occupational classification is that of a “contractor” rather than that of an “excavator/ backhoe operator”; and (2) in reducing claimant’s partial disability award for his left shoulder from 20 percent to 12 percent instead of 14 percent. The board’s determination of claimant’s occupational classification is supported by substantial evidence. SAIF concedes that the board made a scrivener’s error in reducing the award from 20 percent to 12 percent and that the award should have been reduced to 14 percent. We agree and accept SAIF’s concession; accordingly, we reverse the order and remand for entry of a corrected order awarding claimant 14 percent unscheduled permanent partial disability for his left shoulder.

Order reversed and remanded for entry of corrected order awarding claimant 14 percent unscheduled permanent partial disability; otherwise affirmed.

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Bluebook (online)

139 P.3d 971, 206 Or. App. 766, 2006 Ore. App. LEXIS 987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barham-v-saif-corp-orctapp-2006.