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OREGON ST. EMP. ASS'N v. WORKERS' COMP. DEPT.

No. WCD Admin. Order 4-1980; CA 17682.

624 P.2d 1078 (1981)

51 Or.App. 55

OREGON STATE EMPLOYES ASSOCIATION, a Qualified Exclusive Representative Pursuant to Ors Chapter 243; and Alan H. Crowe, Petitioners, v. WORKERS' COMPENSATION DEPARTMENT, Roy Green, Director, Respondent.

Court of Appeals of Oregon.

Decided March 2, 1981.

Reconsideration Denied April 16, 1981.

Review Denied May 19, 1981.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause for petitioners. With him on the brief was Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen. and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

ROBERTS, Judge.

Petitioners challenge the validity of rules issued by the Director of the Workers' Compensation Department, (director) Oregon Administrative Rules, Chapter 436, Division 65: Claims Evaluation and Determination, effective April 1, 1980. The petition is brought pursuant to ORS 183.400.1 The only basis asserted for the invalidity of the rules is that they exceed the statutory authority of the director. ORS 183.400(4)(b).<...

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