Compensation of Morris, Matter of, WCB
Citation | 623 P.2d 1118,50 Or.App. 533 |
Decision Date | 17 February 1981 |
Docket Number | No. WCB,No. 78-6247,WCB,78-6247 |
Parties | In the Matter of the COMPENSATION OF Olive H. MORRIS, Claimant. Olive H. MORRIS, Petitioner, v. DENNY'S RESTAURANT and Employers Insurance of Wausau, Respondents. ; CA 18174. |
Court | Court of Appeals of Oregon |
Robert K. Udziela, Portland, argued the cause for petitioner. With him on the brief was Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.
Margaret H. Leek Leiberan, Portland, argued the cause for respondents. With her on the brief was Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.
Before JOSEPH, P. J., and WARDEN and WARREN, JJ.
Seeking an award of permanent total disability, claimant, a 59-year-old woman, appeals from the order of the Workers' Compensation Board awarding her 75 percent permanent unscheduled disability.
Claimant first injured her back while working as a fry cook in March, 1973. After returning to work, she reinjured her back in April, 1973. After the initial diagnosis of lumbosacral strain in May, 1973, two other doctors recommended a myelogram, which revealed nerve root irritation and a protruding lumbosacral disc. As a result of these injuries, claimant was awarded 20 percent unscheduled permanent partial disability in June, 1974. In March, 1975, by stipulated order her disability award was increased to 50 percent.
In April, 1975, after a period of treatment and upon the recommendation of Orthopaedic Consultants, claimant changed jobs and began work as a pharmaceutical clerk. In October, 1976, claimant was taken off work by her doctor due to her deteriorating back condition. Surgery, which had been recommended by one doctor in 1973 and another in 1976, was finally performed in March, 1977. Although the operation caused some slight improvement in claimant's back, it also resulted in fecal and urinary incontinence and a significant noticeable drop foot that now drags when claimant walks. Throughout this entire period claimant experienced pain when sitting, lifting, twisting, standing or walking.
In 1978, a doctor noted that while claimant was only 57 years old, she had an apparent physical age of 70. Several doctors noted that claimant did not appear motivated to find further work, although she was physically capable of light to sedentary tasks. After a hearing in October, 1979, to determine the extent of claimant's permanent disability, the referee increased the previous award of 50 percent to 75 percent unscheduled permanent disability. The referee did not grant total disability, because claimant had not looked for work for two years nor sought vocational rehabilitation. The Board affirmed the referee.
One doctor, who reported that claimant basically saw herself as retired, later expanded on his assessment of low motivation:
This doctor referred claimant to a psychiatrist for a "psychologic recheck evaluation." The report stated in part:
To continue reading
Request your trial-
Rork v. Szabo Foods
...Inc. (1980), La., 387 So.2d 1093; Jensen v. Zook Bros. Construction Co. (1978), Mont., 582 P.2d 1191; Matter of Compensation of Morris (1981), 50 Or.App. 533, 623 P.2d 1118; 2 Larson, Workmen's Compensation Law §§ 57.51, 57.61 (1980); 3 Larson, supra, § 79.53, at 15-271 (1980). Yet the majo......
-
Eslinger v. Cole Grain Co.
...Inc. (1980), La., 387 So.2d 1093; Jensen v. Zook Bros. Construction Co. (1978), 178 Mont. 59, 582 P.2d 1191; Matter of Compensation of Morris (1981), 50 Or.App. 533, 623 P.2d 1118; 2 Larson, Workmen's Compensation Law §§ 57.51, 57.61 (1980); 3 Larson, supra, § 79.53, at 15-271 In the case a......
-
Allison v. State Acc. Ins. Fund Corp.
...limited personal resources. See Wilson v. Weyerhaeuser, supra; Looper v. SAIF, 56 Or.App. 437, 642 P.2d 325 (1982); Morris v. Denny's, 50 Or.App. 533, 623 P.2d 1118 (1981); Butcher v. SAIF, 45 Or.App. 313, 608 P.2d 575 Although the referee and the Board found that claimant's testimony about......
-
Laymon v. SAIF Corp.
...can show that she is completely incapacitated and that it would be futile for her to attempt to become employed. See Morris v. Denny's, 50 Or.App. 533, 623 P.2d 1118 (1981); Butcher v. SAIF, 45 Or.App. 313, 608 P.2d 575 (1980). She contends that she is excused from the requirements of ORS T......