(1) Any applicant who requests review by the Department of Justice under ORS § 147.145 and who disagrees with the decision of the department on review may appeal to the Workers’ Compensation Board.

Terms Used In Oregon Statutes 147.155

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(2) The request for hearing shall be in writing. The request shall include the applicant’s address, shall be signed by the applicant and shall be mailed to the board.

(3) The board shall conduct a hearing upon at least 10 days’ notice by mail to all interested persons.

(4) A record of all proceedings at the hearing shall be kept but need not be transcribed.

(5) The board is not bound by rules of evidence or by technical or formal rules of procedure, and may conduct the hearing in any manner that will achieve substantial justice. However, no evidence is admissible at a hearing that has not previously been considered by the department. The decision by the board shall be final and shall not be subject to further administrative or judicial review. [1977 c.376 § 15a]

 

[Amended by 1973 c.836 § 125; renumbered 133.809]

 

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