From Casetext: Smarter Legal Research

Fields v. Worksmen's Comp. Board

Oregon Supreme Court
Nov 26, 1976
556 P.2d 651 (Or. 1976)

Summary

In Fields v. Workmen's Comp. Board, 276 Or. 805, 556 P.2d 651 (1976), the Supreme Court said "* * * 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."

Summary of this case from Reed v. Del Chemical

Opinion

C/A No. 5540

Argued November 3, 1976.

Reversed November 26, 1976.

On Review from the Court of Appeals.

Appeal from Circuit Court, Marion County. Jena V. Schlegel, Judge. 26 Or. App. 323, 552 P.2d 834 (1976).

Reversed.

C.H. Seagraves of Myrick, Coulter, Seagraves Nealy, Grants Pass, argued the cause and filed briefs for petitioner

Kevin L. Mannix, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem.

Before Denecke, Chief Justice, and McAllister, O'Connell, Holman, Howell, Bryson and Bohannon, Justices.


PER CURIAM.


Petitioner seeks a review of the decision of the Court of Appeals in Fields v. Workmen's Compensation Board, 26 Or. App. 323, 552 P.2d 834 (1976).

Petitioner 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.

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."

We 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.

Reversed.


Summaries of

Fields v. Worksmen's Comp. Board

Oregon Supreme Court
Nov 26, 1976
556 P.2d 651 (Or. 1976)

In Fields v. Workmen's Comp. Board, 276 Or. 805, 556 P.2d 651 (1976), the Supreme Court said "* * * 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."

Summary of this case from Reed v. Del Chemical
Case details for

Fields v. Worksmen's Comp. Board

Case Details

Full title:FIELDS, Petitioner, v. WORKMEN'S COMPENSATION BOARD, Respondent

Court:Oregon Supreme Court

Date published: Nov 26, 1976

Citations

556 P.2d 651 (Or. 1976)
556 P.2d 651

Citing Cases

Reed v. Del Chemical

The Board affirmed the order of dismissal. In Fields v. Workmen's Comp. Board, 276 Or. 805, 556 P.2d…

D M Products v. Workmen's Comp. Bd.

"In adopting the rules herein the Workmen's Compensation Board reserves the right to reexamine any liability…