Seaberry v. State Accident Insurance Fund

The State Accident Insurance Fund appeals from a circuit court order awarding claimant permanent total disability. The Fund asks that the original determination order of March 23, 1973, which granted 25 percent unscheduled low back disability ① and was affirmed by the hearing officer and the Work men’s Compensation Board, be reinstated. The sole issue is the extent of disability. No novel legal issues are presented; we are asked to act in our capacity as fact-finder. Hannan v. Good Samaritan Hosp., 4 Or App 178, 471 P2d 831, 476 P2d 931, rev den (1971).

Claimant, 47, left school in the eighth…