Shubert v. Blue Chips

The majority holds that the Board lacked authority to invalidate the director’s temporary rule and that the director acted properly in promulgating a temporary rule awarding claimant zero disability. I disagree with both holdings and respectfully dissent.

I begin with the Board’s authority to review the validity of temporary rules adopted pursuant to ORS 656.726(3)(f)(C). In Gallino v. Courtesy Pontiac-Buick-GMC, 124 Or App 538, 863 P2d 530 (1993),1 we held that, under ORS 656.295(5), “the Board has the authority to review the correctness of the director’s application of standards,” and, under…