Benzinger v. Oregon Department of Insurance & Finance

Benzinger (plaintiff),1 a workers’ compensation claimant, brought this proceeding under ORS 183.490, to compel defendant Workers’ Compensation Division to process his request for reconsideration of a claim closure within 15 days from the date of request therefor,” pursuant to ORS 656.268(6)(a), as amended by Oregon Laws 1990, chapter 2, section 16.2 Plaintiff contends that defendant’s failure to complete reconsideration within 15 days violated the statute. Defendant contends that the 15-day limit is not mandatory. The trial court agreed with plaintiff and concluded “that the statute is clear…