Deaton v. State Accident Insurance Fund

The issue in this case is the extent of disability sustained by claimant. The resolution of it leads us to a further discussion of what 2 Larson, Workmen’s Compensation Law § 57.51, refers to as the “odd-lot” doctrine which we first cited with approval in Swanson v. Westport Lumber Co., 4 Or App 417, 479 P2d 1005 (1971), and to a discussion of what part a claimant’s motivation to return to work plays in determining what is a proper award.

Claimant, having sustained a serious compensable injury, received an initial award of 192 degrees unscheduled disability and 30 degrees for partial loss of…