Stone v. Whittier Wood Products

Claimant sought review of the Board’s decision in this case arguing that our holding in Safeway Stores v. Owsley, 91 Or App 475, 756 P2d 48 (1988), was not applicable, because claimant’s termination was unlawful. In our earlier opinion in this case, we rejected that argument and held that the Workers’ Compensation Board was not the proper forum to determine the lawfulness of claimant’s termination. The majority’s opinion on reconsideration vacates the opinion without addressing that issue. I believe that it is necessary to our disposition of this case to decide that question. In my view, our…