American Building Maintenance v. McLees

In this workers’ compensation case, we are asked to decide whether Oregon law requires a referee to consider a previous Veterans’ Administration (VA) disability award when determining the amount of a later Oregon workers’ compensation award for injury to the same portion of the body. Both the referee and the Board concluded that claimant’s VA compensation should not be considered in calculating his disability award.

Claimant first injured his knee while playing basketball in the United States Marine Corps. He was discharged from the service with a 10 percent disability and subsequently…