Tee v. Albertson's, Inc.

At issue in this workers’ compensation case is whether claimant is incapable of regularly performing work at a “gainful” and suitable occupation and, thus, is permanently and totally disabled. ORS 656.206(l)(a) defines a “gainful” occupation as “one that pays wages equal to or greater than the state mandated hourly minimum wage.” Claimant is capable of working at a part-time telemarketing job, which pays—on an hourly basis—more than the state-mandated minimum wage. She argues that she nevertheless is not capable of “gainful” employment, because, after taking into account the expenses…