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MLAC gets Court of Appeals update in Cali v. Gallagher Bassett; no final appellate judgment yet

Workers' Compensation Management-Labor Advisory Committee · April 2, 2026
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Summary

Lauren Eldridge briefed MLAC on Cali v. Gallagher Bassett Services, Inc., 347 Or App 281 (2026), saying the appellate court affirmed that penalties are not awarded for premature claim closures when workers do not seek a hearing; as of the meeting morning there was no appellate judgment or Supreme Court petition posted.

Lauren Eldridge provided a case-law update to the Workers’ Compensation Management-Labor Advisory Committee on April 2, 2026, summarizing the Court of Appeals decision in Cali v. Gallagher Bassett Services, Inc., 347 Or App 281 (2026). Eldridge said the court affirmed the board’s ruling that a penalty is not awarded for a premature claim closure if the worker did not request a hearing to appeal the Appellate Review Unit’s determination, even when the ARU decision favored the worker.

Eldridge told members that, as of the morning of the meeting, no appellate judgment indicating finality had been posted and that no Supreme Court petition for review appeared on record; she committed to updating the committee should additional filings or a judgment be posted. The committee did not take formal action on the case update; the discussion was informational and procedural in nature.