Duffour v. Portland Community College

Under ORS 183.482(7), the Court reviews to determine whether “fairness of the proceedings or the correctness of the action may have been impaired by a material error in procedure.”

The issue presented is whether claimant raised his requests for various penalties and attorney fees in connection with employer’s premature closure of his workers’ compensation claim in a procedurally proper manner. Under ORS 183.482(7), the Court reviews the decision for whether “fairness of the proceedings or the correctness of the action may have been impaired by a material error in procedure.” Under this standard the board erred in determining that claimant’s hearing requests did not properly raise the issue of his entitlement to a penalty under ORS 656.268(5)(d) and fees under ORS 656.382(1). The claimant had not properly raised his request for penalties and fees. The board erred in concluding that those issues were not present because neither claimant nor employer had requested a hearing from the order on reconsideration. The court remanded the the case to the board to reconsider claimant’s ORS 656.258(5)(d) penalty request and ORS 656.382(1) fees request. Reversed and remanded on the petition; affirmed on the cross-petition.