KREISCOTT v. A-1 PAINTING, 33 Or. App. 471 (1978)

576 P.2d 846

KREISCOTT, Respondent, v. A-1 PAINTING AND DECORATING, Appellant.

No. 77-4970, CA 9445Oregon Court of Appeals.
Argued March 1, reversed April 3, reconsideration denied May 10, 1978, petition for review pending.

Appeal from Circuit Court, Lane County.

Edwin E. Allen, Judge.

Eugene H. Buckle, Portland, argued the cause for appellant. With him on the brief was Cosgrave Kester, Portland.

Allan H. Coons, Eugene, argued the cause for respondent. On the brief were Stephen C. Thompson and Coons Anderson, Eugene.

Before Schwab, Chief Judge, and Lee, Richardson and Joseph, Judges.

PER CURIAM.

Reversed.

Page 472

[EDITORS’ NOTE: THIS PAGE IS BLANK.]

Page 473

PER CURIAM.

The sole issue on appeal in this worker’s compensation case is whether the 65-year-old claimant is permanently and totally disabled. The referee and Board found that he was not and awarded him 75 percent of the maximum available for an unscheduled disability. The circuit court found that claimant was permanently and totally disabled. We agree with the referee and Board.

Reversed.

Page 474

[EDITORS’ NOTE: THIS PAGE IS BLANK.]

Page 475

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