Board has continuing authority to alter earlier action on claim
- limitations
Source:
Section 656.278 — Board has continuing authority to alter earlier action on claim; limitations, https://www.oregonlegislature.gov/bills_laws/ors/ors656.html.
Notes of Decisions
Employer may not appeal board decision that neither increases nor decreases award. Morton v. N.W. Foundry, 36 Or App 259, 584 P2d 346 (1978), Sup Ct review denied
Legislature did not intend that a claimant’s appeal rights granted by ORS 656.268 should prematurely terminate when his aggravation rights expire and, when claim is opened during time claimant still has appeal rights, closure of that claim carries with it right of appeal whenever issued. Coombs v. SAIF, 39 Or App 293, 592 P2d 242 (1979)
In limiting right of appeal, “former award” refers to award made prior to exercise of own motion power. Christiani v. SAIF, 40 Or App 827, 596 P2d 621 (1979), Sup Ct review denied
Because claim was reopened during time claimant had right to appeal, closing order was not on board’s “own motion” and was therefore appealable. Carter v. SAIF, 52 Or App 1027, 630 P2d 397 (1981)
Board must explain conclusion when previous determinations are directly contrary. Wausau Ins. Co. v. Morris, 103 Or App 270, 796 P2d 1243 (1990)
Employer may not seek review of own motion order that does not increase award, even if determination is not based on merits of claim. SAIF v. Wheeler, 110 Or App 453, 823 P2d 434 (1992), Sup Ct review denied
Even though Workers’ Compensation Board’s award of benefits was erroneous, insurer was entitled to reimbursement under ORS 656.625. EBI Companies v. Dept. of Ins. and Finance, 114 Or App 356, 834 P2d 539 (1992), Sup Ct review denied
Board lacks authority to award vocational services or other unenumerated benefits on own motion claims. Harsh v. Harsco Corp., 123 Or App 383, 859 P2d 1178 (1993), Sup Ct review denied
Board has original jurisdiction to enforce own motion order. Orman v. SAIF, 131 Or App 653, 886 P2d 503 (1994)
Where worker has suffered worsening of compensable injury instead of new or omitted medical condition, worker may not obtain additional permanent disability benefits. Goddard v. Liberty Northwest Insurance Corp., 193 Or App 238, 89 P3d 1215 (2004)
Award of insurer-paid attorney fees is not increase in compensation award for purposes of appealability of order of Workers’ Compensation Board. Liberty Northwest Insurance Corp. v. Samel, 199 Or App 540, 112 P3d 414 (2005)
Under 1999 version of this section, Workers’ Compensation Board may not, on its own motion, suspend claimant’s temporary disability payments for failure to cooperate with physical therapy recommendations. Jordan v. SAIF, 343 Or 208, 167 P3d 451 (2007)
This section does not require curative treatment in context of new or omitted medical condition to be in lieu of hospitalization. Butcher v. SAIF Corp., 247 Or App 684, 270 P3d 385 (2012), Sup Ct review denied
Where claimant had compensable injury that physician determined was not medically stationary, and physician prescribed pain medication, muscle relaxers and other treatment but did not make “palliative care plan”, physician’s authorization for claimant’s temporary disability for “curative treatment” as used in this section, is supported by substantial evidence. SAIF Corporation v. Camarena, 264 Or App 400, 332 P3d 341 (2014)
COMPLETED CITATIONS: Willamson v. SAIF, 6 Or App 95, 487 P2d 110 (1971)
Law Review Citations
32 WLR 217 (1996)
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