Public-domain · open source
OpenJurist

276 Or. 805

Fields v. Workmen's Compensation Board

Oregon Supreme Court

Decided November 26, 1976

Oregon Supreme Court · decided 1976-11-26

Applies OR 656 § 656.278

Decided 1976-11-26

PER CURIAM.

¶1Petitioner seeks a review of the decision of the Court of Appeals in Fields v. Workmen’s Compensation Board, 26 Or App 323, 552 P2d 834 (1976).

¶2Petitioner contends that the Court of Appeals erred in holding that the Workmen’s Compensation Board had no jurisdiction under ORS 656.278(1) to reconsider a claim which was initially determined to be noncompensable and where the denial of compensation had become final.1

¶3We agree with petitioner’s contention for the reasons stated in the dissenting opinion of Chief Judge Schwab, which we incorporate into this opinion and adopt as the opinion of this court. In so holding we wish to make it clear that the Workmen’s Compensation Board need not exercise its jurisdiction to reconsider a claim if it decides that for reasons underlying the doctrine of res judicata the claim should not be reconsidered.

¶4Reversed.

¶5 ORS 656.278(1) provides: "The power and jurisdiction of the board shall be continuing, and it may, upon its own motion, from time to time modify, change or terminate former findings, orders or awards if in its opinion such action is justified.”

/276/or/805 · .json · Public domain