Libbett v. Roseburg Forest Products

Claimant has a compensable leg injury. The referee determined that claimant is permanently and totally disabled. The Board reversed the referee, holding that claimant had failed to meet her burden of proof. The only question on review is whether the Board erred in relying on surveillance tapes in evaluating claimant’s disability and in finding that claimant had riot accurately depicted her physical limitations at the hearing or to the doctors who had evaluated the extent of her disability.

ORS 656.245(3)(b)(B) provides, in part:

“Except as otherwise provided in this chapter, only the attending…