Legal Opinion · Dissent

Fred Meyer, Inc. v. Bundy

Court of Appeals of Oregon

Decided March 17, 1999No. 95-07510; CA A95905Published

1DissentWollheim, J.

The majority opinion ignores case law that existed before the adoption of ORS 656.262(4)(g) and case law after its adoption. The majority opinion acknowledges that the Board’s interpretation of the relevant statutes is reasonable. *55The Board’s statutory interpretation is not only reasonable, it is also the correct interpretation. For this reason, I dissent.

The primary question is whether ORS 656.262(4)(g) abolished the distinction between procedural and substantive temporary disability benefits. Although it has its basis in the statutes, the “substantive/procedural” terminology is not found in…

2Cases cited18 opinions

  1. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  2. Cutright v. Weyerhaeuser Co.Oregon Supreme Court · 1985
  3. Newell v. WestonCourt of Appeals of Oregon · 1998
  4. Deluxe Cabinet Works v. MessmerCourt of Appeals of Oregon · 1996
  5. Multnomah County v. SlikerOregon Supreme Court · 1881

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