Morgan v. Stimson Lumber Co.

Petitioner/employer challenges a Workers’ Compensation Board order that it pay a penalty and attorney fees1 pursuant to a Board administrative rule. Petitioner contends that the Board exceeded its rule-making authority in promulgating the rule. We agree.

Following the entry of an order disposing of her claim for a work-related injury to her shoulder with an award of temporary total disability benefits from the Employment Benefits Insurance Company (EBI), claimant filed an aggravation claim on March 1,1977. The EBI denied the claim on April 28, 1977 and on May 4, 1977 claimant filed a request…