Shaw v. Portland Laundry/Dry Cleaning

The questions in this workers’ compensation case are whether claimant is permanently and totally disabled and, if not, whether claimant’s partial disability should be compensated by a scheduled or an unscheduled award. The Board found an unscheduled partial disability.

I

We agree with the Workers’ Compensation Board that, on the present record, claimant is not permanently and totally disabled. We do not, however, agree with all of that Board’s analysis. The Board found that claimant "has sought no employment or retraining assistance.” That is not an accurate characterization of the record…