Madaras v. State Accident Insurance Fund

Court of Appeals of Oregon
Madaras v. State Accident Insurance Fund, 76 Or. App. 207 (1985)
707 P.2d 1302; 1985 Ore. App. LEXIS 3948
Buttler, Rossman, Warren

Madaras v. State Accident Insurance Fund

Opinion of the Court

PER CURIAM

Claimant seeks reversal of a Board order which reversed the referee’s determination that claimant is permanently and totally disabled for the reason that she has made no attempt to seek work, as required by ORS 656.206(3). SAIF argues that, because claimant is not totally disabled from a physical standpoint, she should be required to seek work to confirm her unemployability, unless the evidence of unemployability is clear and convincing. SAIF concedes that claimant has shown, by a preponderance of the evidence, that it would be futile for her to seek work. That is all that is required. See Morris v. Denny’s, 50 Or App 533, 623 P2d 1118 (1981).

Reversed and remanded.

Reference

Full Case Name
In the Matter of the Compensation of Betty E. Madaras, MADARAS v. STATE ACCIDENT INSURANCE FUND CORPORATION
Cited By
2 cases
Status
Published