Lyon v. Saif Corp.

The issue in this workers’ compensation case is the extent of claimant’s disability under ORS 656.214(5). The referee found claimant to be 60 percent permanently partially disabled. The Workers’ Compensation Board (Board), relying in part on the fact that claimant was about to enter or had just entered a rehabilitation program, reduced the award to 25 percent. Claimant appeals, maintaining inter alia that the Board should not have reduced his award through speculation on the outcome of his rehabilitation efforts. We modify the award.

Claimant is in his early 30’s. He has a 10th grade formal…