Kiltow v. SAIF

"A worker cannot be both ‘permanently’ and ‘temporarily’ disabled at the same time.” Gwynn v. SAIF, 304 Or 345, 351, 745 P2d 775 (1987), and SAIF v. Grover, 152 Or App 476, 480, 954 P2d 820 (1998),

Claimant sought the reversal of an order by the Workers’ Compensation Board concluding that he was not entitled to permanent disability and temporary disability compensation at the same time. Claimant assigned error to the board’s determination of the date that the disability became permanent. Claimant argued that the he was entitled to permanent disability compensation under ORS 656.206(2) while simultaneously being entitled to temporary disability compensation as a part of his enrollment in training under ORS 656.268(10). In response, SAIF argued that a worker can only recover one type of disability compensation at a time and that a claimant cannot be temporarily and permanently disabled at the same time. A worker cannot be both ‘permanently’ and ‘temporarily’ disabled at the same time.” Gwynn v. SAIF, 304 Or 345, 351, 745 P2d 775 (1987), and SAIF v. Grover, 152 Or App 476, 480, 954 P2d 820 (1998). The Court held that Claimant was not entitled to both permanent and temporary disability benefits. Affirmed.