Cook v. Workers' Compensation Department

Court of Appeals of Oregon

Cook v. Workers' Compensation Department

742 P.2d 714, 87 Or. App. 486, 1987 Ore. App. LEXIS 4645

CourtCourt of Appeals of Oregon

DecidedSeptember 16, 1987

DocketWCD 6-1985; CA A38782

StatusPublished

Cited by3 cases

This text of 742 P.2d 714 (Cook v. Workers' Compensation Department) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cook v. Workers' Compensation Department, 742 P.2d 714, 87 Or. App. 486, 1987 Ore. App. LEXIS 4645 (Or. Ct. App. 1987).

Pincite

Opinion

PER CURIAM

In this challenge to a rule of the Workers’ Compensation Department brought under ORS 183.400, petitioner seeks review of our decision, which “affirmed” without opinion. Cook v. Workers’ Compensation Dept., 85 Or App 219, 736 P2d 230 (1987). We consider the petition for review as one for reconsideration. ORAP 10.10. We allow reconsideration and uphold the rule.

A challenge to an administrative rule in this court is an original proceeding, and our determination of the rule’s validity should, generally, be by written opinion. Cook v. Workers’ Compensation Dept., 79 Or App 21, 717 P2d 658, rev den 301 Or 666 (1986).

We have considered petitioner’s arguments challenging the validity of OAR 436-10-050 and find them to be without merit.

Reconsideration allowed; rule upheld.

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