Paniagua v. Liberty Northwest Insurance

Court of Appeals of Oregon

Paniagua v. Liberty Northwest Insurance

856 P.2d 342, 122 Or. App. 288, 1993 Ore. App. LEXIS 1282

Court of Appeals of Oregon·Decided August 4, 1993·No. WCB 92-00275; CA A77730·Published

Opinion

PER CURIAM

In this workers’ compensation case, claimant contended that her claim was prematurely closed and that notice, pursuant to OAR 436-30-035(7), was inadequate. The Board addressed the merits of claimant’s contention without first addressing the alleged irregularity of the notice. Employer concedes that that issue should have been reached before reaching the merits of claimant’s contention. We accept the concession and remand to the Board for reconsideration.

Reversed and remanded for reconsideration.

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PER CURIAM

In this workers’ compensation case, claimant contended that her claim was prematurely closed and that notice, pursuant to OAR 436-30-035(7), was inadequate. The Board addressed the merits of claimant’s contention without first addressing the alleged irregularity of the notice. Employer concedes that that issue should have been reached before reaching the merits of claimant’s contention. We accept the concession and remand to the Board for reconsideration.

Reversed and remanded for reconsideration.

Paniagua v. Liberty Northwest Insurance, 856 P.2d 342, 122 Or. App. 288, 1993 Ore. App. LEXIS 1282 (Or. Ct. App. 1993).

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856 P.2d 342 (Paniagua v. Liberty Northwest Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.