Gallino v. Courtesy Pontiac-Buick-GMC

Claimant seeks review of a Workers’ Compensation Board order holding that ORS 656.726(3)(f)(C) vests unreviewable discretion in the director of the Department of Insurance and Finance (DIF) to promulgate temporary disability standards when an impairment is not addressed by existing standards. He also seeks review of the Board’s holding that it lacks authority to remand the matter to DIF for further agency action.

While at work, claimant compensably injured his knee. He first saw Dr. Smith and then Dr. Freudenberg. Freudenberg diagnosed grade II chondromalacia, a disability not covered by…