American Building Maintenance v. McLees

If we were deciding this case in a vacuum, I might well be able to agree with the majority’s conclusion that ORS 656.222 does not provide for consideration of VA compensation in calculating a workers’ compensation award. However, we are bound by our earlier decision in Harris v. SAIF, 55 Or App 158, 637 P2d 1292 (1981). The majority does not attempt to distinguish Harris but merely states that it “is doubtful authority in view of the Supreme Court’s holding in Green [v. State Ind. Acc. Comm., 197 Or 160, 251 P2d 437, 252 P2d 545 (1953)].” Green was decided in 1953, 24 years before this…