Cutright v. Weyerhaeuser Co.

I agree with the majority that “total disability” as used in ORS 656.210(1) means

“the loss, including preexisting disability, of use or function of any scheduled or unscheduled portion of the body which incapacitates the worker from regularly performing work at a gainful and suitable occupation.”

I further agree that when the loss is permanent the worker is permanently totally disabled and that when the loss is only temporary the worker is temporarily totally disabled. I further agree that our decision in Bono v. SAIF, 298 Or 405, 692 P2d 606 (1984), does not govern the case at bar.1 also…