Gutierrez v. Redman Industries

I must respectfully dissent from the findings of the majority. I believe the hearing officer, relying upon Swanson v. Westport Lumber Co., 4 Or App 417, 479 P2d 1005 (1971), correctly concluded that claimant was permanently and totally disabled under the “odd-lot” doctrine. The Board reversed the hearing officer on the ground that he “failed to take, into account the rehabilitative services available to this claimant.” The hearing officer did consider rehabilitation and I believe the Board and the majority to have erred in that regard.

The odd-lot doctrine permits a finding of total disability…