Fletcher v. State Accident Insurance Fund

This is an appeal from a Workers’ Compensation Board decision interpreting ORS 656.209.1 That statute provides:

"(1) With the authorization of the department, the amount of any permanent total disability benefits payable to an injured worker shall be reduced by the amount of any disability benefits the worker receives from federal social security.

"(3) No reduction of benefits shall be authorized pursuant to this section except upon actual receipt of federal social security disability benefits by the injured worker.

"* * * * (Emphasis supplied.)

We take the following facts as stated in the…