Shubert v. Blue Chips

In this workers’ compensation case, claimant seeks review of a Court of Appeals’ decision affirming the denial of his claim for an additional award of permanent partial disability (PPD) for a shoulder condition. The denial was based on a temporary administrative rule that assigned a value of zero to any disability attributable to certain surgical procedures that claimant had undergone. Claimant asserts that the rule is inconsistent with ORS 656.726(4)(f)(C), 1 the statute under which it was adopted. The Court of Appeals held that claimant’s argument was not well taken. Shubert v. Blue Chips,…