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)
Carriers delayed payment to claimants 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)
Law Review Citations
55 OLR 432-445 (1976); 16 WLR 519 (1979); 22 WLR 559 (1986)
Chapter 656
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)
