74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 774
 
                         Senate Bill 268
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary for Oregon Judicial Department)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Makes timeliness of service of petition for judicial review of
order of Workers' Compensation Board jurisdictional.
  Authorizes board to enter orders implementing settlement of
issue during pendency of petition for judicial review with Court
of Appeals. Allows appellate court to dismiss petition for
judicial review if settlement disposes of all issues or to limit
scope of judicial review to issues not disposed of by settlement.
 
                        A BILL FOR AN ACT
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 Oregon:
  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. + }
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