Williams v. SAIF Corp. (In re Williams)
Williams v. SAIF Corp. (In re Williams)
Opinion of the Court
*329Claimant seeks review of an order of the Workers' Compensation Board assessing a penalty under former ORS 656.268(5)(d) (2013)
ORS 656.268(5)(d) provides:
"If an insurer or self-insured employer has closed a claim or refused to close a claim pursuant to this section, if the correctness of that notice of closure or refusal to close is at issue in a hearing on the claim and if a finding is made at the hearing that the notice of closure or refusal to close was not reasonable, a penalty shall be assessed against the insurer or self-insured employer and paid to the worker in an amount equal to 25 percent of all compensation determined to be then due the claimant."
(Emphasis added.) Claimant contends that the italicized text shows that the amount of the penalty is to be based on the correct full award of compensation due at the time of claim closure, and not merely on the additional amount determined to be owed the claimant. SAIF responds that the penalty should bear a reasonable relationship to the alleged misconduct, see Wacker Siltronic Corporation v. Satcher ,
Assuming, without deciding, that the penalty provided by ORS 656.268(5)(d) was applicable, we conclude that claimant's interpretation of the statute is correct.
Former ORS 656.268(5)(d) (2013) was renumbered as ORS 656.268(5)(f), effective July 15, 2015. Or. Laws 2015, ch. 144, § 1. In this opinion, we cite the former numbering, which was applicable at the time of the board's order.
On judicial review, SAIF does not dispute the applicability of ORS 656.268(5)(d) or the board's determination that the notice of closure was unreasonable, and we therefore do not reach those issues.
In contrast, OAR 436-030-0175 provides that the penalty to be assessed under former ORS 656.268(5)(e) (2013) is to be "equal to 25 percent of the increased amount of permanent disability compensation." (Emphasis added.)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.