Categories: Oregon Court of Appeals Opinions

ITT HARTFORD INS. GROUP v. NICHOLLS, 126 Or. App. 633 (1994)

871 P.2d 125

In the Matter of the Compensation of James W. Nicholls, Claimant. ITT HARTFORD INSURANCE GROUP and Cotter and Company, Petitioners, v. James W. NICHOLLS, Respondent.

WCB 91-01349; CA A77429Oregon Court of Appeals.Argued and submitted August 18, 1993.
Reversed and remanded for reconsideration March 2, 1994.

Judicial Review from Workers’ Compensation Board.

Stephen R. Frank argued the cause for petitioners. With him on the brief were Alison K. Greene and Tooze Shenker Duden Creamer Frank Hutchison.

Michael Dehner argued the cause for respondent. On the brief were Daniel J. DeNorch and Schneider, DeNorch
Galaviz-Stoller.

Before Warren, Presiding Judge, and Edmonds and Landau, Judges.

PER CURIAM

Reversed and remanded for reconsideration.

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PER CURIAM

Employer seeks review of an order of the Workers’ Compensation Board holding that the Board did not have jurisdiction to determine whether chiropractic care that claimant had received was approved by claimant’s attending physician and whether the treatment was palliative or curative.[1]

We recently held that a dispute over whether medical treatment that has already been received is palliative or curative is a matter covered by ORS 656.327(1), which, unde Meyers v. Darigold, Inc., 123 Or. App. 217, 861 P.2d 352 (1993), the Board may resolve as long as no party has sought review by the director of the Department of Insurance and Finance Theodore v. Safeway Stores, Inc., 125 Or. App. 172, 865 P.2d 404
(1993). We conclude that a dispute over whether the treatment that has already been provided was approved by the claimant’s attending physician is similarly within the purview of ORS 656.327(1). Because no party has sought review by the director, the Board has jurisdiction to resolve both disputes. We remand for the Board to exercise its jurisdiction.

Reversed and remanded for reconsideration.

[1] Employer’s initial denial was based on ORS 656.245(3)(b)(A), which requires that, when certain services are provided by other than an attending physician, there must be written authorization by the claimant’s attending physician. Employer asserted that the physician who authorized claimant’s treatments was not claimant’s attending physician. Employer then supplemented its denial, asserting that the chiropractic care was palliative and therefore not compensable under ORS 656.245(1)(b).

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