Chapter 17
AN ACT
SB 268
Relating to judicial review of orders of the
Workers’ Compensation Board; creating new provisions; and amending ORS 656.236
and 656.298.
Be It Enacted by the People of
the State of
SECTION 1. ORS 656.298 is amended to read:
656.298. (1) Within the
time limit specified in ORS 656.295, any party affected by an order of the
Workers’ Compensation Board, including orders issued pursuant to ORS 656.278,
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 [appealing] requesting
judicial review and of all other parties.
(b) The date of the
filing of the order [appealed from
was filed] for which judicial review is requested.
(c) A statement that the
[order is being appealed to] 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 (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 (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.
(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 (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.
SECTION 2. ORS 656.236 is amended to read:
656.236. (1)(a) The
parties to a claim, by agreement, may make such disposition of any or all
matters regarding a claim, except for medical services, as the parties consider
reasonable, subject to such terms and conditions as the Workers’ Compensation
Board may prescribe. For the purposes of this section, “matters regarding a
claim” includes the disposition of a beneficiary’s independent claim for
compensation under this chapter. Unless otherwise specified, a disposition
resolves all matters and all rights to compensation, attorney fees and penalties
potentially arising out of claims, except medical services, regardless of the
conditions stated in the agreement. Any such disposition shall be filed for
approval with the board. If the worker is not represented by an attorney, the
worker may, at the worker’s request, personally appear before the board.
Submission of a disposition shall stay all other proceedings and payment
obligations, except for medical services, on that claim. The disposition shall
be approved in a final order unless:
(A) The board finds the
proposed disposition is unreasonable as a matter of law;
(B) The board finds the
proposed disposition is the result of an intentional misrepresentation of
material fact; or
(C) Within 30 days of
submitting the disposition for approval, the worker, the insurer or
self-insured employer requests the board to disapprove the disposition.
(b) Notwithstanding
paragraph (a)(C) of this subsection, a disposition may
provide for waiver of the provisions of that subparagraph if the worker was
represented by an attorney at the time the worker signed the disposition.
(2) Notwithstanding any
other provision of this chapter, an order approving disposition of a claim
pursuant to this section is not subject to review. However, an order
disapproving a disposition is subject to review pursuant to ORS 656.298. The
board shall file with the Department of Consumer and Business Services a copy
of each disposition that the board approves. If the board does not approve a
disposition the board shall enter an order setting aside the disposition.
(3) Unless the terms of
the disposition expressly provide otherwise, no payments, except for medical
services, pursuant to a disposition are payable until the board approves the
disposition. [The Court of Appeals or
Supreme Court shall remand to the board cases in which proposed dispositions
are submitted to the court for approval.]
(4) If a worker is
represented by an attorney in the negotiation of a disposition under this
section, the insurer or self-insured employer shall pay to the attorney a fee
prescribed by the board.
(5) Except as otherwise
provided in this chapter, none of the cost of workers’ compensation to
employers under this chapter, or in the court review of any claim therefor,
shall be charged to a subject worker.
(6) Any claim in which
the parties enter into a disposition under this section shall not be eligible
for reimbursement of expenditures authorized by law from the Workers’ Benefit
Fund without the prior approval of the Director of the Department of Consumer and
Business Services.
(7) Insurers or
self-insured employers who are parties to an approved claim disposition
agreement under this section shall not be joined as parties in subsequent
proceedings under this chapter to determine responsibility for payment for any
matter for which disposition is made by the agreement. Insurers or self-insured
employers may be joined as parties in subsequent proceedings under this chapter
to determine responsibility for medical services for claim conditions for which
disposition is made by an approved claim disposition agreement, but no order in
any subsequent proceedings may alter the obligations of an insurer or
self-insured employer set forth in an approved claims disposition agreement,
except as those obligations concern medical services.
(8) No release by a
worker or beneficiary of any rights under this chapter is valid, except
pursuant to a claim disposition agreement under this section or a release
pursuant to ORS 656.593.
(9) Notwithstanding ORS
656.005 (21), as used in this section, “party” does not include a noncomplying
employer.
SECTION 3. (1) The amendments to ORS 656.298 (3) and
(5) by section 1 of this 2007 Act apply to petitions for judicial review filed
on or after the effective date of this 2007 Act.
(2) The provisions of
ORS 656.298 (9) apply to petitions for judicial review pending with the
appellate court on the effective date of this 2007 Act and to petitions for
judicial review filed on or after the effective date of this 2007 Act.
Approved by the Governor March 29, 2007
Filed in the office of Secretary of State March 29, 2007
Effective date January 1, 2008
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