Diane's Foods v. Stephens

In this workers’ compensation case, employer seeks review of an order of the Board reversing the referee’s order that reduced claimant’s permanent partial disability (PPD) to zero. The Board reinstated the determination order award of 29 percent PPD because employer had failed to request reconsideration of that award under ORS 656.268(5).

Employer’s only argument is that ORS 656.268 is a jurisdictional statute under which reconsideration is a prerequisite to the Board’s acquiring jurisdiction to conduct a hearing. It argues that it does not matter which party initially requests reconsideration…