Schoch v. State Accident Insurance Fund

The principal question presented in this workman’s compensation case is: What is the proper procedure to be followed when a claim is made for aggravation of a previously accepted claim for disability because of occupational disease?

The statutes establish administrative procedures to be followed when an original claim is for accidental injury, see, ORS 656.262 to 656.382, and when an original claim is for occupational disease benefits, see, ORS 656.802 to 656.824, the principal difference being that a Medical Board of Review makes a final determination of certain facts in an occupational…