TRUJILLO v. PACIFIC SAFETY SUPPLY

(WCB 96-10056, 99-00431, 97-08823; CA A99410, A109321, A103636; SC S49592, S49594, S49645).

84 P.3d 119 (2004)

336 Or. 349

In the Matter of the Compensation of Consuelo Trujillo, Claimant. Consuelo TRUJILLO, Petitioner on Review, v. PACIFIC SAFETY SUPPLY and SAIF Corporation, Respondents on Review. In the Matter of the Compensation of Terry G. Logsdon, Claimant. Terry G. Logsdon, Petitioner on Review, v. SAIF Corporation, Respondent on Review. In the Matter of the Compensation of Cindy M. Mount, Claimant. Cindy M. Mount, Petitioner on Review, v. Department of Consumer and Business Services and SAIF Corporation, Respondents on Review.

Supreme Court of Oregon.

Decided January 29, 2004.


Attorney(s) appearing for the Case

Max Rae, Salem, argued the cause and filed the briefs for petitioners on review Trujillo and Logsdon.

Christopher D. Moore, of Malagon, Moore & Jensen, Eugene, argued the cause and filed the brief for petitioner on review Mount.

David L. Runner, Appellate Counsel and Special Assistant Attorney General, Salem, argued the cause and filed the briefs for respondents on review. With him on the briefs for respondents on review Department of Consumer and Business Services and SAIF Corporation (S49645) were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

G. Duff Bloom, Eugene, filed a brief for amici curiae Oregon Trial Lawyers Association, Legal Aid Services of Oregon, Oregon Advocacy Center, and Oregon Law Center.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.


GILLETTE, J.

In these three workers' compensation cases, which this court has consolidated for review, claimants assert a constitutional right to present new evidence at a hearing before an administrative law judge (ALJ) of the Workers' Compensation Board (board), on review of a Department of Consumer and Business Services (department) order on reconsideration, notwithstanding a statutory prohibition on the admission of such...

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