American Building Maintenance v. McLees

We accepted review in this case to determine whether Oregon’s workers’ compensation law requires consideration of a previous Veterans’ Administration (VA) disability award when determining the amount of a later Oregon workers’ compensation award for injury to the same part of the body. The referee, Board and Court of Appeals all concluded that VA compensation should not be considered in calculating claimant’s disability award. Four members of the Court of Appeals dissented. We affirm the Court of Appeals.

Claimant suffered a compensable injury to his right knee in 1977 when he slipped while…