Opinion

Fields v. Workmen's Compensation Board

  • 276 Or. 805
  • 556 P.2d 651
  • 1976 Ore. LEXIS 678
Court
Oregon Supreme Court
Filed
Nov 26, 1976
Status
Published
On the bench
Bohannon, Bryson, Connell, Denecke, Holman, Howell, McAllister
Cited by
3 cases
Authority
More cited than 65.4%

The opinion

PER CURIAM.

Petitioner seeks a review of the decision of the Court of Appeals in Fields v. Workmen’s Compensation Board, 26 Or App 323 , 552 P2d 834 (1976).

Petitioner contends that the Court of Appeals erred in holding that the Workmen’s Compensation Board had no jurisdiction under ORS 656.278(1) to reconsider a claim which was initially determined to be noncompensable and where the denial of compensation had become final. 1

We agree with petitioner’s contention for the reasons stated in the dissenting opinion of Chief Judge Schwab, which we incorporate into this opinion and adopt as the opinion of this court. In so holding we wish to make it clear that the Workmen’s Compensation Board need not exercise its jurisdiction to reconsider a claim if it decides that for reasons underlying the doctrine of res judicata the claim should not be reconsidered.

Reversed.

ORS 656.278(1) provides: "The power and jurisdiction of the board shall be continuing, and it may, upon its own motion, from time to time modify, change or terminate former findings, orders or awards if in its opinion such action is justified.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.