Bivens v. Weyerhaeuser Co.

This appeal involves the issue of whether a 51-year-old logger is unable to work at a gainful and suitable occupation as a result of injuries sustained when he was struck by a large rock in May of 1967.

Claimant recovered from the injuries with minimal residual physical effects. The issue is whether he is permanently and totally disabled by reason of a functional overlay, or whether his condition is not yet stationary. The Closing and Evaluation Division of the Workmen’s Compensation Board made an award of 38.4 degrees for unscheduled disability. The hearing officer found the workman to be…