April 2006 SBH Quarterly Newsletter
PDF FormatOregon Court of Appeals WC Case Law Update
The courts have been very quiet this quarter.
A person with power of attorney has right to file a request for hearing.
The court held a person with power of attorney is entitled to sign and file
a Request for Hearing to contest nonpayment of the remaining balance of the
PPD benefits owing to a deceased injured worker under ORS 656.218. Havi Group v. Fyock,
Or App (March 15, 2006).
Court clarifies standard of review for medical dispute case.
In Liberty Northwest Insurance v. Kraft, Or App (April 5, 2006),
the worker sought compensation before MRU for medical services pertaining to
a cancelled low back surgery the insurer refused to pay. MRU found the
services qualified as curative treatment under ORS 656.245 and were thus
compensable. The ALJ used de novo review to reverse the finding. The court
concluded the standard of review was substantial evidence.
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