Matter of Compensation of Petz

Claimant appeals an order of the Workers’ Compensation Board that reversed a referee’s opinion and order finding that he is permanently and totally disabled. Because claimant was determined to be permanently and totally disabled in 1975, the employer bears the burden of proving that he is no longer totally disabled. Bentley v. SAIF, 38 Or App 473, 478, 590 P2d 746 (1979). The issue is whether employer has sustained its burden of proof.

Claimant sustained an on-the-job injury to his back in 1969. A lumbar laminectomy was performed. He was declared medically stationary in 1970 and returned to…