Court of Appeals of Oregon, 1987

Cook v. Workers' Compensation Department

Cook v. Workers' Compensation Department
Court of Appeals of Oregon · Decided September 16, 1987 · Hoomissen, Young
87 Or. App. 486; 742 P.2d 714; 1987 Ore. App. LEXIS 4645

Cook v. Workers' Compensation Department

Opinion of the Court

PER CURIAM

In this challenge to a rule of the Workers’ Compensation Department brought under ORS 183.400, petitioner seeks review of our decision, which “affirmed” without opinion. Cook v. Workers’ Compensation Dept., 85 Or App 219, 736 P2d 230 (1987). We consider the petition for review as one for reconsideration. ORAP 10.10. We allow reconsideration and uphold the rule.

A challenge to an administrative rule in this court is an original proceeding, and our determination of the rule’s validity should, generally, be by written opinion. Cook v. Workers’ Compensation Dept., 79 Or App 21, 717 P2d 658, rev den 301 Or 666 (1986).

We have considered petitioner’s arguments challenging the validity of OAR 436-10-050 and find them to be without merit.

Reconsideration allowed; rule upheld.

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