Spring 2010 SBH Work Comp Quarterly
PDF FormatOregon Workers' Compensation: Oregon Supreme Court Cases
CDA does not extinguish attorney fees associated with medical services disputes. Liberty Northwest Ins. Corp. v. John L. Watkins, ___P3d ___, 347 Or 687, 2010, WL569652Cor.) http://www.publications.ojd.state.or.us/S057190.htm
Facts: Claimant suffered a compensable back injury and subsequently entered into a CDA whereby he released "all rights to workers' compensation benefits except for medical services." Years later, he requested medical services as part of the claim and the insurer denied the services. The matter was litigated before the MRU.
Decision: A CDA does not extinguish the worker's right to attorney fees for a subsequent medical services dispute. Given that the CDA could not resolve medical services and that the right to attorney fees in a medical services case are "derivative of medical services claims," the court held that "a successful medical services claim carries with it the right to attorney fees under ORS 656.386(1)" that cannot be extinguished by a CDA.
Lesson: A CDA will not extinguish further processing of medical services, medical disputes or related attorney fees.
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