Legal Opinion

Hilton Hotels Corp. v. Yauger (In re Yauger)

Court of Appeals of Oregon

Decided December 12, 2018No. A162758Published

1Opinion of the CourtArmstrong, P. J.

*331The question in this workers' compensation case is the level of cooperation required to avoid a "noncooperation denial" for a worker whose benefits have been temporarily suspended for noncooperation. See ORS 656.262(15) (setting forth procedures for suspension and denial of benefits based on noncooperation). We conclude that ORS 656.262(15) requires that the worker "reasonably cooperate" with the employer's investigation. On employer's petition for judicial review, we conclude that the board erred in its application of the statute in this case because the board applied an "any effort" to…

2Cases cited3 opinions

  1. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  2. State v. GainesOregon Supreme Court · 2009
  3. Hopper v. SAIF Corp.Court of Appeals of Oregon · 2014

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