Weyerhaeuser Co. v. Gibson

Court of Appeals of Oregon

Weyerhaeuser Co. v. Gibson

707 P.2d 1239, 75 Or. App. 759, 1985 Ore. App. LEXIS 3970

CourtCourt of Appeals of Oregon

DecidedOctober 16, 1985

Docket81-09211; CA A34568

StatusPublished

Cited by1 cases

This text of 707 P.2d 1239 (Weyerhaeuser Co. v. Gibson) 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

Weyerhaeuser Co. v. Gibson, 707 P.2d 1239, 75 Or. App. 759, 1985 Ore. App. LEXIS 3970 (Or. Ct. App. 1985).

Pincite

Opinion

PER CURIAM

Employer seeks judicial review of a Workers’ Compensation Board order which awarded claimant permanent total disability. On de novo review, we find that claimant meets the statutory criteria for permanent total disability and therefore affirm.

Employer attempts to argue the issue of whether claimant’s back and neck problems are a compensable consequence of his 1980 industrial injury. That issue was decided adversely to employer in Weyerhaeuser Co. v. Gibson, 60 Or App 226, 656 P2d 964 (1982). Therefore, the only issue for review is whether claimant is permanently and totally disabled.

In view of claimant’s age, his chronic physical problems related to the industrial injury, the lack of present opportunities for the employment of his skills and the futility of requiring a continuing search for work, we agree with the Board’s extent of disability determination.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI