Ware v. State Accident Insurance Fund

Claimant requested and was granted a hearing in which he protested a denial of his claim for compensation based upon an alleged disabling occupational disease. The hearing officer found as a fact that claimant was not suffering from a compensable occupational disease.

Instead of “an appeal to the medical board of review under ORS 656.808 et seq,” claimant appealed directly to the circuit court, purportedly under ORS 656.810(4). The defendant filed a timely motion to dismiss in the circuit court as contemplated by Beaudry v. Winchester Plywood, Co., 255 Or 503, 469 P2d 25 (1970), in which the…