Opinion

Johnson v. Eastern Oregon State College

  • 159 Or. App. 663
  • 978 P.2d 451
  • 1999 Ore. App. LEXIS 506
Court
Court of Appeals of Oregon
Filed
Apr 14, 1999
Status
Published
On the bench
Deits, Landau, Wollheim
Cited by
1 cases
Authority
More cited than 58.3%

The opinion

PER CURIAM

Claimant seeks review of an order of the Workers’ Compensation Board reversingan administrative law judge’s (AL J) order awarding claimant permanent total disability for her work-related condition. She assigns error to the Board’s holding that the ALJ erred in considering vocational expert testimony and claimant’s testimony regarding her motivation to seek work on the ground that the evidence had not been offered in the reconsideration proceeding before the Department of Consumer and Business Services (DCBS). ORS 656.283(7).

Claimant’s first contention, that the procedure set forth in ORS 656.283(7) violates her right to due process under the Fourteenth Amendment to the United States Constitution, has been addressed and rejected in Koskela v. Willamette Industries, Inc., 159 Or App 229 , 978 P2d 1018 (1999). Claimant failed to preserve her second assignment of error before the Board that retroactive application of ORS 656.283(7) violated her federal constitutional right to due process. Accordingly, we do not address it.

Affirmed.

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.

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