State Farm Insurance v. Lyda

Insurer seeks review of an order of the Workers’ Compensation Board (Board) holding that, pursuant to former OAR 436-60-025(5)(j), the Director of the Department of Consumer and Business Services (director) correctly calculated the rate of claimant’s temporary total disability (TTD) based on his assumed annual wage of $18,000.1 Insurer contends that the rule impermissibly deviates from the requirement of ORS 656.210(2)(c) that TTD benefits be based on the wage at the time of injury. We review to determine if the Board’s interpretation of an inexact term is consistent with the statute, England…