Edward Hines Lumber Co. v. Kephart

Employer petitions for judicial review of an order of the Workers’ Compensation Board, made on the Board’s own motion under ORS 656.278, 1 which awarded claimant permanent total disability. Employer makes several arguments, including that ORS 656.278 unconstitutionally delegates legislative authority to the Board. We hold that the statute is constitutional. However, we reverse, because the Board, in contravention of its own rule, did not allow employer 20 days to state its position after claimant had requested own motion relief.

Claimant injured his back in the course of employment on December…