Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Compensation of Vargas

Court of Appeals of Oregon

August 23, 2017

In the Matter of the Compensation of Francisco Vargas, Claimant.
v.
Francisco VARGAS, Respondent. OROWHEAT-BIMBO BAKERIES USA-BBU, INC.; and Indemnity Insurance, Petitioners,

          Argued and ubmitted August 18, 2016

         Workers' Compensation Board 1306146

          Edward McGlone argued the cause for petitioners. On the briefs was Patrick D. Gilroy.

          Julene M. Quinn argued the cause and fled the brief for respondent.

          Julie 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.

          Before Ortega, Presiding Judge, and Egan, Judge, and Lagesen, Judge.

         Case Summary:

         Employer 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).

         Affirmed.

         [287 Or. 333] EGAN, J.

         Employer 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.

         Claimant 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.

         In 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.