decision and ordered the Board to reconsider the case. Once the Appellate Judgment is issued, the order of the court is enforceable and has immediate effect. If a party requests additional briefing or if the Board determines further briefing is necessary to make a decision, that may be the same situation when review is initially requested where the Board schedules review for a time when briefing is completed (the 90 day time frame when the Board must schedule review). The Board must then issue an order within 30 days under the deadline of ORS 656.295(6). If there is any question about application of those deadlines, certainly they provide guidance as to what the Legislature expects. The Board has allowed bifurcation of attorney fees. Under OAR 438-015-0125(4), the Board shall conduct an expeditious review to determine the attorney fee. Again, “expeditious” requires a “speedy” review. Once the matter is briefed, review has been scheduled and ORS 656.295(6) requires an order to issue within 30 days. The legislature set time deadlines for a reason. Otherwise, “(g)lacial is the speed with which some administrative agencies …” dispose of claims. Anderson v. Dir., Office of Workers Compensation Programs, 91 F.3d 1322, 1323 (9th Cir. 1996). 1. Webster’s Third New Int’l Dictionary, 799 (unabridged ed 1993). 55 Trial Lawyer | Winter 2025
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