Boyce v. Sambo's Restaurant, Inc., 77-6519

• Citation: 44 Or.App. 305,605 P.2d 1213
• Decision Date: 05 February 1980
• Docket Number: No. 77-6519,77-6519
• Parties: In the Matter of the Compensation of Adrian T. BOYCE, Claimant, Petitioner, v. SAMBO'S RESTAURANT, INC., Respondent-Cross-Appellant. ; CA 13009.
• Court: Court of Appeals of Oregon

Page 1213

605 P.2d 1213

44 Or.App. 305

In the Matter of the Compensation of Adrian T. BOYCE Claimant, Petitioner, v. SAMBO'S RESTAURANT, INC., Respondent-Cross-Appellant.

No. 77-6519; CA 13009.

Court of Appeals of Oregon.

Argued and Submitted Oct. 10, 1979.

Decided Feb. 5, 1980.

Richard A. Sly, Portland, argued the cause for petitioner. With him on the brief was Bloom, Ruben, Marandas & Sly, Portland.

Lawrance L. Paulson, Portland, argued the cause for respondent-cross-appellant. With him on the brief were Elizabeth L. Perris and McMenamin, Joseph, Herrell & Babener, Portland.

Before TANZER, P. J., and THORNTON and CAMPBELL, JJ.

TANZER, Presiding Judge.

This is a workers' compensation claim for injury to claimant's left thumb. Claimant appeals, asserting that the Workers' Compensation Board's reduction of the referee's award from 60 degrees for 40 percent loss of use of his left hand to 22.5 degrees for 15 percent loss of use, was improper. ¹

Claimant injured his hand while ejecting a patron from a restaurant. The referee stated that there was no reason to question claimant's credibility, and synopsized claimant's testimony:

"Claimant testified any activity involving the exertion of pressure with his left hand causes pain in the base of his thumb which causes him to cease the activity. This includes such things as lifting a full jar or milk carton, lifting a basketball, using a hammer or shovel or mop, rolling the car window up or down, prolonged writing, etc. Anything that requires a grasping or grabbing motion particularly if any strength or pressure is utilized this workman is no longer able to do. After stopping the particular activity, the pain generally diminishes and claimant does not use pain medication."

The referee continued:

"The scientific measurements indicate claimant has a good range of motion of the left thumb. The closing report indicated, and claimant so testified, claimant has excellent apposition. He can pick up a coin from a table and has no difficulty with other light objects. However when strength is required, so that force or pressure is exerted, the entire left hand becomes essentially of no use. He is able to carry a bucket of water, since this only involves the use of the other four digits. If he were to push a heavy object with both hands, he would have to use that part of the base of the palm on the left hand which is farthest away from the thumb.

"After giving consideration to all the evidence, I conclude...