ORS 656.298
Judicial review of board orders; settlement during pendency of petition for review


(1)

Within the time limit specified in ORS 656.295 (Board review of Administrative Law Judge orders), any party affected by an order of the Workers’ Compensation Board, including orders issued pursuant to ORS 656.278 (Board has continuing authority to alter earlier action on claim), may request judicial review of the order by the Court of Appeals.

(2)

The name and style of the proceedings shall be “In the Matter of the Compensation of (name of the worker).”

(3)

The judicial review shall be commenced by serving a copy of a petition for judicial review on the board and on the parties who appeared in the review proceedings, and by filing with the clerk of the Court of Appeals the original petition for judicial review with proof of service indorsed thereon. The petition for judicial review shall state:

(a)

The name of the person requesting judicial review and of all other parties.

(b)

The date of the filing of the order for which judicial review is requested.

(c)

A statement that the person is requesting judicial review by the Court of Appeals.

(d)

A brief statement of the relief requested and the reasons the relief should be granted.

(4)

Within 10 days after service of a petition for judicial review on a party under subsection (3) of this section, such party may also request judicial review in the same manner.

(5)

The following requirements of subsection (3) of this section are jurisdictional and may not be waived or extended:

(a)

Service of the petition for judicial review on all parties identified in the petition for judicial review as adverse parties or, if the petition for judicial review does not identify adverse parties, on all parties who have appeared in the proceeding before the board, within the time limits imposed by ORS 656.295 (Board review of Administrative Law Judge orders) (8) and by subsection (4) of this section.

(b)

Filing of the original petition for judicial review with the Court of Appeals within the time limits imposed by ORS 656.295 (Board review of Administrative Law Judge orders) (8) and by subsection (4) of this section.

(6)

Within 30 days after service of a petition for judicial review on the board, the board shall forward to the clerk of the Court of Appeals:

(a)

The original copy of the transcribed record prepared under ORS 656.295 (Board review of Administrative Law Judge orders).

(b)

All exhibits.

(c)

Copies of all decisions and orders entered during the hearing and review proceedings.

(7)

The review by the Court of Appeals shall be on the entire record forwarded by the board. Review shall be as provided in ORS 183.482 (Jurisdiction for review of contested cases) (7) and (8).

(8)

Review under this section shall be given precedence on the docket over all other cases, except those given equal status by statute.

(9)

(a) If the parties to a petition for judicial review of an order of the board settle all or part of the matter during the pendency of the petition for judicial review, the board has jurisdiction to enter any orders that may be necessary to implement the settlement.

(b)

If the settlement disposes of all issues during the pendency of the petition for judicial review, the appellate court may dismiss the petition for judicial review.

(c)

If the settlement disposes of part of the issues during the pendency of the petition for judicial review, the appellate court may limit judicial review to the issues not disposed of by the settlement. [1965 c.285 §36; 1977 c.804 §11; 1987 c.884 §12a; 1997 c.389 §1; 2005 c.188 §3; 2007 c.17 §1]

Source
Last accessed
May. 15, 2020