EBI Companies v. Department of Insurance & Finance

This case is a sequel to Independent Paper Stock v. Wincer, 100 Or App 625, 788 P2d 466, rev den 310 Or 195 (1990). EBI seeks review of an order of the Department of Insurance and Finance (DIF) that denied its request for reimbursement of permanent total disability benefits that it had paid pursuant to an order of the Workers’ Compensation Board. We reverse.

Although claimant had exhausted his rights to request further benefits, the Board ordered EBI to reopen the claim in 1988 pursuant to ORS 656.278(1).1 EBI protested that the Board no longer had authority to award permanent disability after…