Legal Opinion

McKinney v. State Accident Insurance Fund

Court of Appeals of Oregon

Decided September 22, 1975No. L-3850PublishedCited by 1 opinion

1Opinion of the CourtSchwab, C. J.

In this workman’s compensation case, by an initial *603determination order, claimant was awarded 50 per cent- of the maximum allowable by statute for unscheduled low back disability. This award was affirmed by the referee and by the Workmen’s Compensation Board. The circuit court found that claimant was permanently and totally disabled. We agree with the referee and the Board.

It is conceded that claimant’s physical disabilities are moderate. The issue is whether plaintiff is suffering from a functional overlay in its true sense. The referee in his opinion concluded:

“I am therefore not satisfied…

2Cited by1 opinion

  1. Middleton v. State Accident Insurance FundCourt of Appeals of Oregon · 1977

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