Curry Educational Service District v. Bengtson

In this workers’ compensation case, employer seeks review of a Workers’ Compensation Board (Board) order setting aside employer’s revocation of acceptance and “back-up” denial of the compensability of claimant’s previously accepted condition. ORS 656.262(6)(a).1 The parties stipulated that the issue on appeal is whether the correction of a mistake in diagnosis can constitute “later obtained evidence” under ORS 656.262(6)(a). We review for errors of law, ORS 183.482(8)(a), and affirm.

The material facts, as found by the administrative law judge (ALJ) and adopted by the Board, are not in…