Laymon v. SAIF Corp.

Claimant appeals from an order of the Workers’ Compensation Board that reduced the referee’s award of permanent total disability. We review de novo.

Claimant concedes that physical incapacity alone has not rendered her permanently and totally disabled. She is therefore required to show a reasonable effort to obtain employment before she is qualified for permanent total disability, ORS 656.206(3),1 unless she can show that she is completely incapacitated and that it would be futile for her to attempt to become employed. See Morris v. Denny’s, 50 Or App 533, 623 P2d 1118 (1981); Butcher v. SAIF,…