Legal Opinion

Clark v. Boise Cascade Corp.

Court of Appeals of Oregon

Decided February 27, 1985No. 82-10864; CA A31356PublishedCited by 4 opinions

1Opinion of the CourtRossman, J.

Claimant seeks review of an order of the Workers’ Compensation Board, which reversed the referee and held that claimant was not permanently and totally disabled. We reverse.

Several basic rules and principles are involved in the resolution of this kind of case. First, and foremost, in order to meet his burden of proving that he is permanently and totally disabled, a claimant must establish that he is unable to perform any work at a gainful and suitable occupation. Wilson v. Weyerhaeuser, 30 Or App 403, 408-09, 567 P2d 567 (1977). Although this claimant’s permanent impairment is quite…

2Cases cited5 opinions

  1. Wilson v. Weyerhaeuser Co.Court of Appeals of Oregon · 1977
  2. Gettman v. State Accident Insurance FundOregon Supreme Court · 1980
  3. Matter of Compensation of MorrisCourt of Appeals of Oregon · 1981
  4. Matter of Compensation of WelchCourt of Appeals of Oregon · 1984
  5. Livesay v. State Accident Insurance Fund Corp.Court of Appeals of Oregon · 1981

3Cited by4 opinions

  1. Elsea v. Liberty Mutual InsuranceCourt of Appeals of Oregon · 2016
  2. Guild v. SAIF Corp. (In re Guild)Court of Appeals of Oregon · 2018
  3. Lee v. Freightliner Corp.Court of Appeals of Oregon · 1986
  4. Shaw v. State Accident Insurance Fund Corp.Court of Appeals of Oregon · 1986

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