Opinion
WCB No. 83-07509; CA A34544
Argued and submitted July 31, 1985.
Reversed and remanded October 30, 1985.
Judicial Review from Workers' Compensation Board.
Charles D. Beshears, Portland, argued the cause for petitioner. With him on the brief was Carney, Buckley, Kasameyer Hays, Portland.
John A. Reuling, Jr., Assistant Attorney General, Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Reversed and remanded.
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 P.2d 1118 (1981).
Reversed and remanded.