Opinion

SAIF Corp. v. Basham

  • 112 Or. App. 6
  • 827 P.2d 204
  • 1992 Ore. App. LEXIS 497
Court
Court of Appeals of Oregon
Filed
Mar 4, 1992
Status
Published
On the bench
Edmonds, Riggs, Rossman
Cited by
1 cases
Authority
More cited than 59.1%

The opinion

PER CURIAM

The Workers’ Compensation Board’s order for which judicial review is sought held claimant’s claim compensable under the Board’s decision in Donna Aschbacher, 41 Van Natta 1242 (1989), which we reversed. Aetna Casualty Co. v. Aschbacher, 107 Or App 494 , 812 P2d 844 , rev den 312 Or 150 (1991). Claimant has moved to remand this case to the Board “for further proceedings,” meaning, apparently, for reconsideration in the light of this court’s decision in Aschbacher and to consider whether the claim might be compensable under other theories advanced by claimant. SAIF has submitted a letter to the effect that it does not oppose claimant’s motion, but that “the court should reverse the Board’s order and remand the case to the Board for reconsideration.”

ORS 183.482(7) and (8), made applicable to workers’ compensation cases by ORS 656.298(6), delineate the actions that we may take on judicial review. The circumstances under which we may simply remand a case do not include an error of law of the type in Aetna Casualty Co. v. Aschbacher, supra, or this case. 1 Accordingly, we do not have authority to remand without reversing the Board. We, treat claimant’s motion as a concession that the Board erred in holding the claim compensable, and we accept the concession.

Reversed and remanded for reconsideration.

ORS 183.482(8)(a)(B) requires the court to remand if it finds that the agency has incorrectly interpreted a provision of law and that the correct interpretation compels a particular action. A correct interpretation of the provision of law involved here does not compel any particular action.

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.