Providence Health System v. Walker

Whether a board's action is reasonable depends on the underlying facts and, based on those facts, whether the conclusion the board made constitutes an error of law.

Providence Health System (Providence) filed for consideration of an order suspending claimant’s compensation for an express period of time. This workers compensation claim dates back to April 2004. Providence raised three issues for reconsideration: (1) the interpretation of the order suspending claimant’s compensation and continuing until complaints complied with Providence’s request for an independent medical examination (IME) or the closure of the claim; (2) the standard of review of the workers’ compensation board’s decision that Providence could not have reasonably known the information that resulted in an increase in compensation paid to claimant; and (3) the beginning and ending dates of claimant’s compensation suspension. As Providence's first argument merely repeats a prior argument before the Court, the Court did not consider that issue. With regard to their second argument, the Court clarified that in a workers’ compensation matter, the board’s determination is reviewed for legal error. The Court finally stated that the order suspending claimant’s compensation began June 15, 2009 and ended upon the claim’s closure, which was issued on November 5, 2009. The Court further corrected the opinion to correctly reflect the references to OAR 436-060-0095(9) and ORS 656.268(5)(e). Petition for reconsideration allowed, former opinion modified and adhered to as modified.