Finley v. State Accident Insurance Fund

The Workers’ Compensation Board awarded claimant permanent total disability as a result of a compensable back injury. The State Accident Insurance Fund seeks review contending that the award should be reduced because claimant has refused to submit to a myelogram and a possible laminectomy. See, Clemons v. Roseburg Lumber Co., 34 Or App 135, 578 P2d 429 (1978).

At the time of his injury, claimant was 52 years old and was employed as a maintenance man. His employment history is exclusively in unskilled or semi-skilled jobs. In 1969, claimant injured his back and underwent a myelogram and…