Workers’ Compensation

ORS 656.708
Hearings Division

  • duties

The Hearings Division is continued within the Workers’ Compensation Board. The division has the responsibility for providing an impartial forum for deciding all cases, disputes and controversies arising under ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act), 654.412 (Definitions for ORS 654) to 654.423 (Use of physical force by health care employee in self-defense against assault) and 654.750 (Definitions for ORS 654) to 654.780 (Providing basic information to employees), all cases, disputes and controversies regarding matters concerning a claim under this chapter, and for conducting such other hearings and proceedings as may be prescribed by law. [1977 c.804 §25; 1979 c.839 §17; 1987 c.373 §39]

Notes of Decisions

Where officers of Accident Prevention Division are issued inspection warrant by court to inspect work place for violations of Oregon Safe Employment Act, Workers’ Compensation Department referee may rule on validity of warrant. Accident Prevention Division v. Hogan, 37 Or App 251, 586 P2d 1132 (1978)

Workers’ Compensation Board had jurisdiction to supervise enforcement of agreement settling disputed claim. Howard v. Liberty Northwest Ins., 94 Or App 283, 765 P2d 223 (1988)

Board had jurisdiction to consider carriers’ requests that board order repayment of or offset for monies erroneously sent to claimant. SAIF v. Zorich, 94 Or App 661, 766 P2d 1053 (1989)

Carrier’s delayed payment to claimant’s insurance company for medical services did not involve payments to subject worker and therefore was not within jurisdiction of board. Lloyd v. Employee Benefits Ins. Co., 96 Or App 591, 773 P2d 798 (1989)

Referee has subject matter jurisdiction over case even if request for hearing is subject to denial as untimely. SAIF v. Roles, 111 Or App 597, 826 P2d 1039 (1992), Sup Ct review denied

Action between insurers for unjust enrichment arising out of claim payment is matter for resolution by circuit court, not by hearings division. Specialty Risk Services v. Royal Indemnity Co., 213 Or App 620, 164 P3d 300 (2007)

Source

Last accessed
May 26, 2023

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