Workers' Compensation
Review of medical treatment of worker
- findings
- review
- costs
Notes of Decisions
Director has exclusive power to review appropriateness of ongoing or proposed medical treatment. Liberty Northwest Ins. Corp. v. Yon, 137 Or App 413, 904 P2d 645 (1995)
Contested case hearing is not prerequisite to appellate review of director's decision. Quaker State Oil Co. v. Taskinen, 147 Or App 245, 935 P2d 1229 (1997), Sup Ct review denied
Requirement for contested case hearing before Director of Department of Consumer and Business Services pursuant to [former] ORS 183.310 to 183.550 is modified by other restrictions on hearing, therefore full contested case hearing is not required. O'Neil v. National Union Fire, 152 Or App 497, 954 P2d 847 (1998), Sup Ct review denied
Director of Department of Consumer and Business Services may limit time available for employer to request administrative review of proposed treatment. Roseburg Forest Products v. Humbert, 212 Or App 285, 158 P3d 21 (2007), Sup Ct review denied
Law Review Citations
32 WLR 217 (1996)
Law Review Citations
55 OLR 432-445 (1976); 16 WLR 519 (1979); 22 WLR 559 (1986)
Notes of Decisions
Party having affirmative of any issue must prove it by preponderance of evidence unless legislature fixes some different quantum of proof. Hutcheson v. Weyerhaeuser Co., 288 Or 51, 602 P2d 268 (1979)
Amendments to existing statutes and enactment of additional statutes by 1995 legislation generally apply to pending cases and to orders still appealable on June 7, 1995, effective date. Volk v. America West Airlines, 135 Or App 565, 899 P2d 746 (1995), Sup Ct review denied
Amendments to existing statutes and enactment of additional statutes by 1995 legislation do not extend or shorten procedural time limitations with regard to actions taken prior to June 7, 1995, effective date. Motel 6 v. McMasters, 135 Or App 583, 899 P2d 1212 (1995)
Atty. Gen. Opinions
Benefit unavailability for inmates engaged in prison work programs, (1996) Vol 48, p 134
Law Review Citations
24 WLR 321, 341 (1988); 32 WLR 217 (1996)