EBI Companies v. Department of Insurance & Finance

ORS 656.625(1) permits an insurer to recover reimbursement for “the additional amounts of compensation payable to injured workers that results from any award made by the board pursuant to ORS 656.278.” (Emphasis added.) Without citing any persuasive authority,1 or providing any rationale, the majority concludes that an award that results from an erroneous exercise of the Board’s authority under ORS 656.278 is still an award issued “pursuant to” that statute. Because an action that is not authorized by a statute is not an action taken pursuant to that statute, I dissent.

Our role in construing…