Robertson v. State Accident Insurance Fund

Respondent workman, now 69 years of age, sustained an on-the-job injury to his back July 11, 1970. The Closing and Evaluation Division awarded him 64 degrees permanent partial disability; the hearing officer awarded 128 degrees ; the Workmen’s Compensation Board awarded 192 degrees; and the circuit court awarded permanent total disability. The State Accident Insurance Fund appeals.

The claimant contends that the evidence establishes a prima facie case of permanent total disability under the odd-lot doctrine (Swanson v. Westport Lumber Co., 4 Or App 417, 479 P2d 1005 (1971)), and that the…