Judicial review of board orders
- settlement during pendency of petition for review
Source:
Section 656.298 — Judicial review of board orders; settlement during pendency of petition for review, https://www.oregonlegislature.gov/bills_laws/ors/ors656.html.
Notes of Decisions
Circuit court acquires jurisdiction if notification is actually received notwithstanding that notice was not dispatched by registered or certified mail. Stroh v. SAIF, 261 Or 117, 492 P2d 472 (1972)
Order is not appealable final order unless resolving rights of parties and all questions regarding claim without further proceedings. Hammond v. Albina Engine & Machine Works, Inc., 13 Or App 156, 509 P2d 56 (1973); Mendenhall v. SAIF, 16 Or App 136, 517 P2d 706 (1974), Sup Ct review denied
Where claimant does not deny receipt of first mailing of board’s order, second and later mailing of another copy of the same order does not extend time for appeal. Wise v. SAIF, 14 Or App 463, 513 P2d 1212 (1973)
Defect in appeal notice content does not deprive court of jurisdiction. Stevens v. SAIF, 20 Or App 412, 531 P2d 921 (1975)
Time limit for serving notice of appeal is jurisdictional matter. Zandbergen v. Johnson, 24 Or App 151, 544 P2d 587 (1976)
Sending of notice by means other than registered or certified mail is ineffective to establish jurisdiction unless actually received. Stevens v. SAIF, 27 Or App 87, 555 P2d 480 (1976)
Order continuing temporary disability payments was not final and appealable order. Beck v. Oregon Steel Mills, 36 Or App 581, 585 P2d 37 (1978); Jones v. SAIF, 49 or App 543, 619 P2d 1342 (1980)
Award of attorney fees by board may be contested on appeal without prior objection to board. Bentley v. SAIF, 38 Or App 473, 590 P2d 746 (1979)
Service on director of Workers’ Compensation Department in manner specified by this section is adequate service on the Workers’ Compensation Board. Boyce v. Sambo’s Restaurants, 39 Or App 615, 593 P2d 1178 (1979)
Authority under ORS 656.593 to resolve conflicts concerning balance of third party recovery is reviewable as matter concerning claim. Schlecht v. SAIF, 60 Or App 449, 653 P2d 1284 (1982)
Court of Appeals lacks jurisdiction to hear appeal if petitioner fails to give notice to all parties that appeared in review proceedings. Zurich Ins. Co. v. Diversified Risk Management, 300 Or 47, 706 P2d 178 (1985)
Reference to conducting of review as provided in specific subsections of ORS 183.482 does not authorize remand for further evidence taking as provided under related subsection of ORS 183.482. United Foam Corp. v. Whiddon, 92 Or App 492, 758 P2d 435 (1988)
Board is not required to explain its rejection of referee’s express credibility findings. Erck v. Brown Oldsmobile, 311 Or 519, 815 P2d 1251 (1991)
Board is not required to defer to medical opinion of treating physician. Dillon v. Whirlpool Corp., 172 Or App 484, 19 P3d 951 (2001)
Failure to serve copy of petition for judicial review on party within time allowed for commencing review is not jurisdictional defect. Liberty Northwest Insurance Corp. v. Spivey, 197 Or App 67, 104 P3d 640 (2005)
COMPLETED CITATIONS: Sahnow v. Fireman’s Fund Ins. Co., 3 Or App 164, 470 P2d 378 (1970), aff’d 260 Or 564, 491 P2d 997 (1971); Blisserd v. SAIF, 6 Or App 111, 486 P2d 1312 (1971)
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