Emmons v. State Accident Insurance Fund

The issue in this workers’ compensation case is the extent of claimant’s permanent disability resulting from an unscheduled back injury. The case presents both factual and legal questions. For the reasons stated in Bowman v. Oregon Transfer Company, 33 Or App 241, 576 P2d 27 (1978), we will not detail the facts. We agree with the referee and the Workers’ Compensation Board that claimant was not totally disabled and we agree with the award of 50% permanent partial disability made by the Board.

With respect to the legal question, claimant maintains that both the referee and the Board erred in…