Categories: Oregon Court of Appeals Opinions

JOHNSON v. EASTERON OREGON STATE COLLEGE, 159 Or. App. 663 (1999)

978 P.2d 451

In the Matter of the Compensation of Barbara Johnson, Claimant. Barbara JOHNSON, Petitioner, v. EASTERN OREGON STATE COLLEGE and SAIF Corporation, Respondents.

WCB Nos. 95-07224, 95-05888; CA A98381.Oregon Court of Appeals.Argued and submitted April 22, 1998.
Filed April 14, 1999.

Judicial Review from Workers’ Compensation Board.

Dale C. Johnson argued the cause for petitioner. With him on the brief was Malagon, Moore, Johnson Jensen.

David L. Runner, Special Assistant Attorney General, argued the cause for respondents. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Landau, Presiding Judge, and Deits, Chief Judge, and Wollheim,[*] Judge.

[*] Wollheim, J., vice Riggs, P.J., resigned.

PER CURIAM

Affirmed.

Page 664

PER CURIAM

Claimant seeks review of an order of the Workers’ Compensation Board reversing an administrative law judge’s (ALJ) order awarding claimant permanent total disability for her work-related condition. She assigns error to the Board’s holding that the ALJ erred in considering vocational expert testimony and claimant’s testimony regarding her motivation to seek work on the ground that the evidence had not been offered in the reconsideration proceeding before the Department of Consumer and Business Services (DCBS). ORS 656.283 (7).

Claimant’s first contention, that the procedure set forth in ORS 656.283 (7) violates her right to due process under the Fourteenth Amendment to the United States Constitution, has been addressed and rejected in Koskela v. Willamette Industries, Inc., 159 Or. App. 229, 978 P.2d 1018 (1999). Claimant failed to preserve her second assignment of error before the Board that retroactive
application of ORS 656.283 (7) violated her federal constitutional right to due process. Accordingly, we do not address it.

Affirmed.

Page 665

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