Legal Opinion
Morgan v. Stimson Lumber Co.
Oregon Supreme Court
Decided February 26, 1980No. WCB 77-2922, CA 11451, SC 26190PublishedCited by 13 opinions
1Opinion of the CourtLinde, J.
The issue to be decided is whether the Workers’ Compensation Board exceeded its statutory authority when it ordered an employer to pay a claimant a 10 percent penalty and attorney fees for delaying or refusing prompt payment or decision of a claim by failing to honor the claimant’s request for certain documents pursuant to a Board rule.
The rule in question, OAR 436-83-460, provides:
"Upon demand of any claimant requesting a hearing, the DRE/SAIF and its representatives shall within 15 days of mailing said demand furnish to claimant or his representative, without cost, copies of all medical and…
2Cases cited6 opinions
- Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
- Oregon Newspaper Publishers Ass'n v. PetersonOregon Supreme Court · 1966
- Sahnow v. FIREMAN'S FUND INSURANCE COMPANYOregon Supreme Court · 1971
- Burke v. Children's Services DivisionOregon Supreme Court · 1980
- University of Oregon Co-Operative Store v. Department of RevenueOregon Supreme Court · 1975
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Springfield Education Ass'n v. Springfield School District No. 19Oregon Supreme Court · 1980
- State Board of Equalization v. Sierra Pacific Power Co.Nevada Supreme Court · 1981
- State Ex Rel. Cox v. Davidson Industries, Inc.Oregon Supreme Court · 1981
- Aetna Casualty Co. v. JacksonCourt of Appeals of Oregon · 1991
- Tri-Met, Inc. v. WolfeCourt of Appeals of Oregon · 2004
8 more not listed; retrieve them via the Exa API.