Narrative Opinion Summary
In this workers’ compensation case, the employer sought review of a Board order that reversed the referee’s decision to reduce the claimant’s permanent partial disability (PPD) to zero. The Board reinstated the prior determination awarding the claimant 29 percent PPD on the grounds that the employer failed to request reconsideration of that award as required by ORS 656.268(5). The employer contended that ORS 656.268 is jurisdictional and that reconsideration is necessary for the Board to have jurisdiction for a hearing, arguing that it could raise objections to the PPD award at the hearing regardless of which party requested reconsideration. This argument was previously rejected in Duncan v. Liberty Northwest Ins. Corp., where it was determined that a party’s failure to request reconsideration bars any later challenge to the determination order at a hearing. The Board’s decision was affirmed.
Legal Issues Addressed
Affirmation of Board Decisions in Workers' Compensation Casessubscribe to see similar legal issues
Application: The Board's decision to reinstate the claimant's PPD was affirmed, upholding the requirement for reconsideration to maintain jurisdiction.
Reasoning: The Board’s decision was affirmed.
Jurisdictional Requirements under ORS 656.268subscribe to see similar legal issues
Application: The Board was found to lack jurisdiction to hear objections to the PPD award because the employer failed to request reconsideration as mandated by ORS 656.268(5).
Reasoning: The Board reinstated the prior determination awarding the claimant 29 percent PPD on the grounds that the employer failed to request reconsideration of that award as required by ORS 656.268(5).
Reconsideration Requirement for Workers' Compensation Disputessubscribe to see similar legal issues
Application: The case reaffirms that a failure to request reconsideration precludes any party from later challenging a determination order at a hearing.
Reasoning: This argument was previously rejected in Duncan v. Liberty Northwest Ins. Corp., where it was determined that a party’s failure to request reconsideration bars any later challenge to the determination order at a hearing.