Talley v. BCI Coca-Cola Bottling

FILED: December 26, 2002

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of the Compensation of Stanley W. Talley

STANLEY W. TALLEY,

Petitioner,

v.

BCI COCA-COLA BOTTLING,

Respondent.

96-09870; A113826

Judicial Review from Workers' Compensation Board.

On respondent's petition for reconsideration filed October 30, 2002. Opinion filed October 9, 2002. 184 Or App 129, 55 P3d 558.

Jerald P. Keene for petition.

Before Landau, Presiding Judge, and Brewer and Schuman, Judge.

PER CURIAM

Reconsideration allowed; former opinion clarified and adhered to as clarified.

PER CURIAM

Respondent BCI Coca-Cola Bottling has filed a petition for reconsideration of our opinion holding that the Workers' Compensation Board Hearings Division has jurisdiction over claimant's request for hearing and reversing and remanding the case. Talley v. BCI Coca-Cola Bottling, 184 Or App 129, 55 P3d 558 (2002). We allow the petition and write to clarify that the narrow holding of our opinion is that the board's Hearings Division has jurisdiction to consider claimant's request for hearing as a matter concerning a claim.

Reconsideration allowed; former opinion clarified and adhered to as clarified.