EBI Companies v. Freschette

VAN HOOMISSEN, J.,

dissenting..

I respectfully dissent.

ORS 656.236(1) invalidates any “release” by a worker *532of any rights under ORS 656.001 to 656.794. ORS 656.289(4) provides in relevant part:

“Notwithstanding ORS 656.236, in any case where there is a bona fide dispute over compensability of a claim, the parties may, with the approval of a referee, the board or the court, by agreement make such disposition of the claim as is considered reasonable.”

The Board has taken the position that the statute does not mean what it says and that a dispute as to whether a worsened condition is compensable is…