Cook v. Workers' Compensation Department

Petitioner filed a petition for review of our decision, which we treat as a petition for reconsideration. ORAP 10.10. We allow reconsideration and dismiss the original petition for judicial review as moot.

Petitioner filed what she denominated as a “Petition for Review of an Order Adopting a Rule.” It in effect is a challenge to a rule of the Workers’ Compensation Department pursuant to ORS 183.400(1). We issued a decision that the case was “affirmed without opinion.” 74 Or App 722, 704 P2d 554 (1985).

The rule, OAR 436-69-301, was challenged as not being properly adopted, not within the…