EBI Companies v. Freschette

Employer appeals1 from a Board order that affirmed a referee’s order that disapproved a disputed claim settlement governed by ORS 656.289(4). The issue is whether the settlement violates a statutory prohibition against releases. ORS 656.236(1). We agree that the settlement is an unlawful release and affirm.

On June 6, 1979, claimant sustained a compensable injury to his right knee. On November 30,1979, a Determination Order awarded temporary total disability. On January 22, 1982, claimant sustained further injury to his right knee. Essentially, the parties disagree as to whether claimant’s…