Jackson v. Tuality Community Hospital

I agree with the majority’s disposition of claimant’s argument regarding the Board’s application of the temporary rules. However, I do not agree with the majority’s conclusion that the Board correctly excluded the medical exhibits offered by claimant. Accordingly, I dissent.

ORS 656.268(7), which controls our disposition of this issue, provides:

“If the basis for objection to a notice of closure or determination order issued under this section is disagreement with the impairment used in rating of the worker’s disability, the director shall refer the claim to a medical arbiter appointed by the…