Oregon Statutes 656.298 – Judicial review of board orders; settlement during pendency of petition for review
(1) Within the time limit specified in ORS § 656.295, any party affected by an order of the Workers’ Compensation Board, including orders issued pursuant to ORS § 656.278, may request judicial review of the order by the Court of Appeals.
Terms Used In Oregon Statutes 656.298
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Docket: A log containing brief entries of court proceedings.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Statute: A law passed by a legislature.
(2) The name and style of the proceedings shall be ‘In the Matter of the Compensation of (name of the worker).’
(3) The judicial review shall be commenced by serving a copy of a petition for judicial review on the board and on the parties who appeared in the review proceedings, and by filing with the clerk of the Court of Appeals the original petition for judicial review with proof of service indorsed thereon. The petition for judicial review shall state:
(a) The name of the person requesting judicial review and of all other parties.
(b) The date of the filing of the order for which judicial review is requested.
(c) A statement that the person is requesting judicial review by the Court of Appeals.
(d) A brief statement of the relief requested and the reasons the relief should be granted.
(4) Within 10 days after service of a petition for judicial review on a party under subsection (3) of this section, such party may also request judicial review in the same manner.
(5) The following requirements of subsection (3) of this section are jurisdictional and may not be waived or extended:
(a) Service of the petition for judicial review on all parties identified in the petition for judicial review as adverse parties or, if the petition for judicial review does not identify adverse parties, on all parties who have appeared in the proceeding before the board, within the time limits imposed by ORS § 656.295 (8) and by subsection (4) of this section.
(b) Filing of the original petition for judicial review with the Court of Appeals within the time limits imposed by ORS § 656.295 (8) and by subsection (4) of this section.
(6) Within 30 days after service of a petition for judicial review on the board, the board shall forward to the clerk of the Court of Appeals:
(a) The original copy of the transcribed record prepared under ORS § 656.295.
(b) All exhibits.
(c) Copies of all decisions and orders entered during the hearing and review proceedings.
(7) The review by the Court of Appeals shall be on the entire record forwarded by the board. Review shall be as provided in ORS § 183.482 (7) and (8).
(8) Review under this section shall be given precedence on the docket over all other cases, except those given equal status by statute.
(9)(a) If the parties to a petition for judicial review of an order of the board settle all or part of the matter during the pendency of the petition for judicial review, the board has jurisdiction to enter any orders that may be necessary to implement the settlement.
(b) If the settlement disposes of all issues during the pendency of the petition for judicial review, the appellate court may dismiss the petition for judicial review.
(c) If the settlement disposes of part of the issues during the pendency of the petition for judicial review, the appellate court may limit judicial review to the issues not disposed of by the settlement. [1965 c.285 § 36; 1977 c.804 § 11; 1987 c.884 § 12a; 1997 c.389 § 1; 2005 c.188 § 3; 2007 c.17 § 1]
[Formerly 656.292; repealed by 1977 c.804 § 55]