MATTER OF COMPENSATION OF JOHNSON

87-01078; CA A62247.

797 P.2d 396 (1990)

103 Or.App. 355

IN THE MATTER OF THE COMPENSATION OF RALPH JOHNSON, Claimant. V.W. Johnson & Sons and Wausau Insurance Company, Petitioners, v. Ralph JOHNSON, Respondent.

Court of Appeals of Oregon.

Decided September 12, 1990.


Attorney(s) appearing for the Case

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

John Paul Graff, Portland, argued the cause for respondent. With him on the brief was Graff & O'Neil, Portland.

Before GRABER, P.J. JOSEPH, C.J., and EDMONDS, J.


JOSEPH, Chief Judge.

Employer petitions for review of a Workers' Compensation Board order that denied it the right to offset against claimant's permanent total disability benefits the amount that it had previously paid claimant on a permanent partial disability award. We reverse.

In October, 1987, the referee found that claimant was permanently and totally disabled as of the date of the hearing. Employer appealed to the Board, and claimant filed a cross-appeal...

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