SAIF Corp. v. Blakely

Petitioners, an employer and its insurer, seek review of an “own motion” order of the Workers’ Compensation Board, ORS 656.278, awarding claimant temporary disability benefits. ORS 656.210. They assert that the Board’s determination that claimant was willing to work, which is a prerequisite to the receipt of such benefits, was not supported by the evidence on which the Board relied. We agree and, consequently, reverse and remand for reconsideration.

Claimant sought temporary disability compensation benefits, pursuant to the Board’s own motion authority,1 as a result of arthroscopic knee…