Erck v. Brown Oldsmobile & EBI Companies

The issue in this workers’ compensation case is how the Workers’ Compensation Board (Board) must treat a referee’s express credibility finding on review of the referee’s order. The Court of Appeals, concluding that the Board’s order was supported by substantial evidence, and otherwise was proper, affirmed the Board order reversing the referee’s award of permanent total disability. Erck v. Brown Oldsmobile, 95 Or App 400, 768 P2d 946 (1989). We allowed review to address the requirements for a Board order that reverses an order of a referee, when the latter includes a credibility finding. We…