In the Matter of the Compensation of Francisco Vargas, Claimant.
Francisco VARGAS, Respondent. OROWHEAT-BIMBO BAKERIES USA-BBU, INC.; and Indemnity Insurance, Petitioners,
and ubmitted August 18, 2016
Compensation Board 1306146
McGlone argued the cause for petitioners. On the briefs was
Patrick D. Gilroy.
M. Quinn argued the cause and fled the brief for respondent.
Masters fled the brief amicus curiae for SAIF Corporation and
Samaritan Health Services.
Theodore P. Heus and Preston Bunnell, LLP, fled the brief
amicus curiae for Oregon Trial Lawyers Association.
Ortega, Presiding Judge, and Egan, Judge, and Lagesen, Judge.
seeks review of an order of the Workers' Compensation
Board holding that claimant is substantively entitled to
temporary disability benefits for a period of time authorized
by Dr. Miller. Miller, who was not a member of employer's
managed-care organization (MCO), treated claimant after
employer denied claimant's new/omitted medical
conditions. Employer assigns error to the Board's
conclusion that Miller could authorize time loss as an
"attending physician" under ORS 656.262(4)(a).
Held: The Board did not err in determining that
claimant was entitled to temporary disability benefits during
the period in question. Because claimant was not subject to
the MCO with respect to selecting a physician to manage his
medical care for the new/omitted [287 Or. 332] conditions,
Miller qualifed as an "attending physician" who
could authorize time loss under ORS 656.262(4)(a).
Or. 333] EGAN, J.
and its workers' compensation insurance carrier seek
review of an order of the Workers' Compensation Board
holding that claimant is substantively entitled to temporary
disability benefits for a period of time authorized by an
attending physician who was not a member of employer's
managed care organization (MCO). The facts are not in
dispute. We review the board's order for errors of law,
ORS 183.482(8), and affirm.
compensably injured his back in February 2010. Before
accepting the claim, employer enrolled claimant in an MCO and
informed him by letter that he was required to seek medical
treatment for his injury under the terms and conditions of
the MCO contract.
March 2010, employer accepted a claim for lumbar and thoracic
strains. After claimant's treating physician determined
that he had become medically stationary, employer closed the
claim in November 2010, with an award of temporary disability
benefits. In August 2011, claimant sought benefits for
bilateral lumbar radiculopathy and facet arthropathy/syndrome
as new/omitted medical ...