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GARBUTT v. J. W. COPELAND YARDS

WCB Case No. 78-9436; CA 16416.

612 P.2d 761 (1980)

46 Or.App. 649

In the Matter of the Compensation of Norman GARBUTT, Claimant, Petitioner, v. J. W. COPELAND YARDS and Employers Insurance of Wausau, Respondents.

Court of Appeals of Oregon.

Decided June 16, 1980.

Attorney(s) appearing for the Case

Samuel J. Imperati, Portland, argued the cause for petitioner. With him on the brief was Welch, Bruun & Green, Portland.

David Horne, Beaverton, argued the cause and filed the brief for respondents.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

ROBERTS, Judge.

This is a workers' compensation case involving a shoulder injury in which the referee awarded 60 percent disability based upon the medical evidence. Films of claimant working on his farm and on a drilling rig were introduced as evidence for the purpose of discrediting claimant and the medical evidence. Both parties agree that the films are pivotal to the decision.

The referee, after reviewing the films...

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