Legal Opinion
Oregon State Employes Ass'n v. Workers' Compensation Department
Court of Appeals of Oregon
Decided March 2, 1981No. WCD Admin. Order 4-1980, CA 17682PublishedCited by 10 opinions
1Opinion of the CourtRoberts, J.
Petitioners challenge the validity of rules issued by the Director of the Workers’ Compensation Department, (director) Oregon Administrative Rules, Chapter 436, Division 65: Claims Evaluation and Determination, effective April 1, 1980. The petition is brought pursuant to ORS 183.400. 1 The only basis asserted for the invalidity of the rules is that they exceed the statutory authority of the director. ORS 183.400(4)(b).
The rules were promulgated pursuant to ORS 656.726(3). Petitioners’ primary concern is with subsection (f) which provides that the director may:
"Provide general guidelines for…
2Cases cited12 opinions
- Hannan v. Good Samaritan HospitalCourt of Appeals of Oregon · 1970
- Hannan v. Good Samaritan HospitalCourt of Appeals of Oregon · 1970
- University of Oregon Co-Operative Store v. Department of RevenueOregon Supreme Court · 1975
- Springfield Education Ass'n v. Springfield School District No. 19Court of Appeals of Oregon · 1976
- Springfield Education Ass'n v. Springfield School District No. 19Court of Appeals of Oregon · 1976
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dortch v. AH Robins Co., Inc.Court of Appeals of Oregon · 1982
- Harwell v. Argonaut InsuranceOregon Supreme Court · 1984
- Matter of Compensation of FraijoCourt of Appeals of Oregon · 1982
- In re W.J.H.Montana Supreme Court · 1987
- Eggsman v. State Board of ParoleCourt of Appeals of Oregon · 1982
5 more not listed; retrieve them via the Exa API.