Miller v. Pacific Motor Trucking Co.

Court of Appeals of Oregon

Miller v. Pacific Motor Trucking Co.

562 P.2d 612, 29 Or. App. 199, 1977 Ore. App. LEXIS 2244

CourtCourt of Appeals of Oregon

DecidedApril 11, 1977

DocketNo. A76-07-10444, CA 7037

StatusPublished

This text of 562 P.2d 612 (Miller v. Pacific Motor Trucking Co.) 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

Miller v. Pacific Motor Trucking Co., 562 P.2d 612, 29 Or. App. 199, 1977 Ore. App. LEXIS 2244 (Or. Ct. App. 1977).

Pincite

Opinion

JOHNSON, J.

The employer appeals the circuit court judgment reinstating the referee’s decision awarding claimant permanent and total disability. The Workmen’s Compensation Board had reduced the award to 160 degrees for unscheduled permanent partial disability.

Claimant is a 52-year-old male with a high school equivalent education and IQ score of 98. He has worked most of his adult life as a truck driver and loader. On October 13,1972 he suffered a compensable injury to his back. During the period from the accident until December 1974 claimant was examined by six different physicians and a psychologist. There is no dispute that the injury caused only partial physical disability. The claim for permanent disability arises out of alleged psychological problems aggravated by the industrial injury.

The referee’s decision was premised on his observation of the claimant in 1973 and 1975 and in particular the apparent weight loss of 40-50 pounds during this period. He also attached great weight to the wife’s testimony describing the deterioration of claimant’s mental and emotional condition. The referee acknowledged that the numerous medical and psychological reports in the record did not reflect a condition warranting award of permanent disability.

The board took the position that the medical and psychological reports should have been given greater credence. We agree. The thrust of the medical and psychological evaluations are that claimant suffered from preexisting psychological problems, that the industrial injury caused both permanent partial physical disability and also aggravated claimant’s psychological problems, but that the aggravation was not of a sufficient degree to cause permanent total disability. The order of the Workmen’s Compensation Board should be reinstated.

Reversed.

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JOHNSON, J.

The employer appeals the circuit court judgment reinstating the referee’s decision awarding claimant permanent and total disability. The Workmen’s Compensation Board had reduced the award to 160 degrees for unscheduled permanent partial disability.

Claimant is a 52-year-old male with a high school equivalent education and IQ score of 98. He has worked most of his adult life as a truck driver and loader. On October 13,1972 he suffered a compensable injury to his back. During the period from the accident until December 1974 claimant was examined by six different physicians and a psychologist. There is no dispute that the injury caused only partial physical disability. The claim for permanent disability arises out of alleged psychological problems aggravated by the industrial injury.

The referee’s decision was premised on his observation of the claimant in 1973 and 1975 and in particular the apparent weight loss of 40-50 pounds during this period. He also attached great weight to the wife’s testimony describing the deterioration of claimant’s mental and emotional condition. The referee acknowledged that the numerous medical and psychological reports in the record did not reflect a condition warranting award of permanent disability.

The board took the position that the medical and psychological reports should have been given greater credence. We agree. The thrust of the medical and psychological evaluations are that claimant suffered from preexisting psychological problems, that the industrial injury caused both permanent partial physical disability and also aggravated claimant’s psychological problems, but that the aggravation was not of a sufficient degree to cause permanent total disability. The order of the Workmen’s Compensation Board should be reinstated.

Reversed.

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Bluebook (online)

562 P.2d 612, 29 Or. App. 199, 1977 Ore. App. LEXIS 2244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-pacific-motor-trucking-co-orctapp-1977.