Elsea v. Liberty Mutual Insurance

In this case, the question is whether the Workers’ Compensation Board erred in determining that claimant is not entitled to benefits for permanent total disability because he has failed to prove that he is willing to seek regular gainful employment. That proof is required by ORS 656.206(3)1 as construed in SAIF v. Stephen, 308 Or 41, 774 P2d 1103 (1989). We review the board’s order for errors of law and substantial evidence, ORS 656.298; ORS 183.482(7) and (8). We conclude that the board did not err, and we affirm.

Claimant worked in the sheet metal industry for his entire career, from 1974…