Workers' Compensation
Review of proposed order declaring noncomplying employer or nonsubjectivity determination
- review of proposed assessment or civil penalty
- insurer as party
- hearing
Notes of Decisions
Insurer's denial of coverage in compensation case prior to joinder in compliance case did not satisfy requirement to specifically deny coverage in compliance case. SAIF v. Robertson, 120 Or App 1, 852 P2d 212 (1993)
Employer seeking attorney fees is prevailing party if proposed order of noncompliance was incorrect at time of issuance. King v. Dept. of Ins. and Finance, 126 Or App 1, 867 P2d 511 (1994), Sup Ct review denied
Law Review Citations
55 OLR 432-445 (1976); 16 WLR 519 (1979); 22 WLR 559 (1986)
Notes of Decisions
Party having affirmative of any issue must prove it by preponderance of evidence unless legislature fixes some different quantum of proof. Hutcheson v. Weyerhaeuser Co., 288 Or 51, 602 P2d 268 (1979)
Amendments to existing statutes and enactment of additional statutes by 1995 legislation generally apply to pending cases and to orders still appealable on June 7, 1995, effective date. Volk v. America West Airlines, 135 Or App 565, 899 P2d 746 (1995), Sup Ct review denied
Amendments to existing statutes and enactment of additional statutes by 1995 legislation do not extend or shorten procedural time limitations with regard to actions taken prior to June 7, 1995, effective date. Motel 6 v. McMasters, 135 Or App 583, 899 P2d 1212 (1995)
Atty. Gen. Opinions
Benefit unavailability for inmates engaged in prison work programs, (1996) Vol 48, p 134
Law Review Citations
24 WLR 321, 341 (1988); 32 WLR 217 (1996)