Shaw v. Steinfelds Products, Inc.

WARREN, S. J.

Claimant, an injured worker’s surviving spouse, seeks review of an order of the Workers’ Compensation Board holding that she is not entitled to benefits for the worker’s permanent partial disability because the worker died of unrelated causes before becoming medically stationary and at the time of death did not suffer from any “irreversible impairment findings.” We hold that the Board’s order is based on an administrative rule that is inconsistent with ORS 656.218, and we accordingly reverse the Board and remand for reconsideration.

The worker shattered the bones of his right foot…