Howard v. Liberty Northwest Insurance

In EBI Companies v. Moore, 90 Or App 99, 750 P2d 1194 (1988), we held that the Board had jurisdiction to decide a dispute between the claimant and the insurer concerning the terms of a disputed claim settlement. After further consideration of that question, I would reach the opposite conclusion. The Board has jurisdiction only over matters concerning a claim. ORS 656.704(1). A “matter concerning a claim” is defined as a matter “under which a worker’s right to receive compensation, or the amount thereof [is] directly in issue.” As the majority states, the amount agreed to be paid under the…