Frazer v. Enterprise Rent-A-Car Co. of Oregon

• Court: Oregon Court of Appeals
• Area(s) of Law: Administrative Law
• Date Filed: 05-18-2016
• Case #: A156890
• Judge(s)/Court Below: Shorr, J. for the Court; Armstrong, P.J.; & Egan, J.

On remand from the Court of Appeals, an agency has the authority to determine which issues were and were not preserved for review.

Frazer appealed a Workman Compensations Board’s (the Board) which denied her claim on remand from the Court of Appeals. Frazer argued that the Board erred when it limited the scope of its inquiry on remand to whether the “parking lot” exception applies to the “going and coming” rule for compensable injuries. The Court held that, generally, remand of decisions to an agency lack specific instructions so as to not invade the province of the agency on remand. An agency holds the implicit authority to determine what circumstances will suffice to preserve an issue for agreement before the board on remand, and therefore the Board did not err in declining to rule on whether exceptions other than the parking lot exception to the going and coming rule applied in this case. Affirmed.

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