United Foam Corp. v. Whiddon
United Foam Corp. v. Whiddon
Opinion of the Court
Petitioner has moved for a remand to the Workers’ Compensation Board for consideration of new evidence. SAIF objects on the ground that the law does not provide for a remand.
Before the effective date of Or Laws 1987, ch 844, § 12(a), ORS 656.298(6) read:
“The court may remand the case to the referee for further evidence taking, correction or other necessary action. However, the court may hear additional evidence concerning disability that was not obtainable at the time of hearing * *
The 1987 act deleted that language and provided instead that “[r]eview shall be as provided in ORS 183.482(7) and (8).” Under the Administrative Procedures Act, remand for additional evidence taking is provided for in ORS 183.482(5). However, there is no specific provision for such a remand under the amended version of ORS 656.298(6).
Motion denied.
The amended version of the statute applies to all petitions for judicial review filed after July 20, 1987. Armstrong v. Asten-Hill, 90 Or App 200, 205, 752 P2d 312 (1988). This case was filed in November, 1987.
Reference
- Full Case Name
- In the Matter of the Compensation of Charles H. Whiddon, UNITED FOAM CORP. v. WHIDDON, - BERTSECH MOBIL
- Cited By
- 3 cases
- Status
- Published