Gage v. Fred Meyer Stores - Kroger Co.

“In a case where a Final Order is issued following a Recommended Order, a petition for reconsideration should be limited to: ‘A claim of factual error.’” OAR 115-010-0100(3)(c)(A).

Fred Meyer Stores – Kroger Co. (“respondent”) petitioned for reconsideration of a decision regarding a worker’s compensation claim. Respondent argued two sentences in the opinion were confusing and incorrect and three other areas were incomplete and inaccurate. Gage (“claimant”) argued that the statements were accurate. “In a case where a Final Order is issued following a Recommended Order, a petition for reconsideration should be limited to: ‘A claim of factual error.’” OAR 115-010-0100(3)(c)(A). The Court reasoned certain factual statements needed to be clarified in the opinion, but otherwise affirmed its prior decision. The Court found two sentences were inaccurate and another statement needed revision by removing certain words. The Court found that a paragraph needed to be clarified, but the Court did not find the statements to be incorrect. The Court rejected the remaining grounds for respondent’s petition for reconsideration. Reconsideration allowed; opinion modified and adhered to as modified.