Chapter 365 Oregon Laws 2003

AN ACT

SB 286

Relating to panels of Workers’ Compensation Board; amending ORS 656.718.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 656.718 is amended to read:

656.718. (1) The board chairperson shall supervise and manage the Workers’ Compensation Board and the Hearings Division. The chairperson serves at the pleasure of the Governor and may be removed in accordance with the provisions of ORS 656.714.

(2) A majority of the board’s members shall constitute a quorum to transact the board’s business. No vacancy shall impair the right of the remaining members to exercise all the powers of the board.

(3)(a) In exercise of authority to decide individual cases, members of the board may sit together or in panels. [A decision of a panel shall be by a majority of the panel.]

(b) When sitting en banc, the concurrence of a majority of the members participating is necessary for a decision.

(c) A panel must consist of two members with different backgrounds and understanding. One of the members of a panel may be the board member that represents the interests of the public if either a member with background and understanding as to the concerns of employers or a member with background and understanding as to the concerns of employees is unavailable. If the members of a panel cannot agree on a decision in an individual case, the case shall be decided by a panel of three members, two of whom have different backgrounds and understanding and one who represents the interests of the public.

(d) [No] A board member [shall] may not review any case in which the member acted as an Administrative Law Judge in the case.

Approved by the Governor June 13, 2003

Filed in the office of Secretary of State June 13, 2003

Effective date January 1, 2004

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