Howard v. Liberty Northwest Insurance

In this workers’ compensation case, claimant seeks review of a Board order affirming the referee’s determination that he is not entitled to a penalty for employer’s delay in paying him the amount agreed upon in a disputed claim settlement agreement. ORS 656.289(4).

The threshold question is whether the Board has jurisdiction to enforce the agreement. In EBI Companies v. Moore, 90 Or App 99, 750 P2d 1194 (1988), we held that the Board had jurisdiction over a dispute between the claimant and the insurer where the claimant asserted that the insurer had violated the terms of a disputed claim…