Citation Codes Equivalent Citations citation codes Docket Number No. WCB H-20741, CA 10378 Attorney(S) Frank V. Langfitt, III, Portland, argued the cause and filed the brief for petitioner. Gerald M. Chase, Portland, argued the cause for the respondent. With him on the brief was Lindstedt Buono, Portland. See more information ... Smart Summary Please sign up to generate summary. MORTON, Respondent, v. NORTHWEST FOUNDRY AND FURNACE, Petitioner. Appeal dismissed. JOHNSON, P. J. JOHNSON, P. J. The employer appealed a decision of the Workers' Compensation Board (Board) under its "own motion" practice refusing to modify a previous award of permanent total disability entered on October 7, 1975. ORS 656.278 in pertinent part provides: "(1) The power and jurisdiction of the board shall be continuing, and it may, upon its own motion, from time to time modify, change or terminate former findings, orders or awards if in its opinion such action is justified. * * * * * "(3) The claimant has no right to a hearing, review or appeal on any order or award made by the board on its own motion, except when the order diminishes or terminates a former award or terminates medical or hospital care. The employer may request a hearing on an order which increases the award or grants additional medical or hospital care to the claimant." (Emphasis supplied.) The legislature intended to vest the Board with a degree of discretion in modifying compensation awards. The parties are not entitled as a matter of right to modification. Under the statute a previous order can only be modified on the Board's own motion. A claimant is entitled to a "hearing, review or appeal" only if the previous award is terminated or diminished. Likewise, the employer is only entitled to a "hearing" if the previous award is increased. Although the last sentence of ORS 656.278(3) addresses only when an employer may ask for a hearing, we construe that language to permit an appeal if the original award is increased. See Barackman v. General Telephone, 25 Or. App. 293, 548 P.2d 1341 (1976). However, here the Board neither increased nor decreased the previous award and thus its order is not subject to appeal. Appeal dismissed.