Oldham v. Plumlee

Employer petitioned for judicial review of an order of the Workers’ Compensation Board affirming an order of the Director of the Department of Consumer and Business Services that claimant is subject to the Workers’ Compensation Act. Director has intervened and argues that this case is controlled by Lankford v. Copeland, 141 Or App 138, 917 P2d 55 (1996), in which we held that review of nonsubjectivity determinations lies with the Court of Appeals rather than with the Workers’ Compensation Board and, accordingly, the Board did not have jurisdiction in this matter. Director is correct.

The issue…