Edward Hines Lumber Co. v. Kephart

In this workers’ compensation case, the Board, acting on its own motion under ORS 656.278, awarded claimant permanent total disability (PTD) benefits. Employer petitioned for review, and we reversed and remanded the case for reconsideration, because the Board had violated its own rule by not allowing employer 20 days to state its position after claimant had requested own motion relief. Edward Hines Lumber Co. v. Kephart, 81 Or App 43, 724 P2d 837 (1986). On remand, after allowing employer to respond, the Board adhered to and republished its prior order awarding claimant PTD benefits. Employer…