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TRI-MET, INC. v. ALBRECHT

WCB 86-02160; CA A46942; SC S36036.

777 P.2d 959 (1989)

308 Or. 185

In the matter of the Compensation of William M. Albrecht, Claimant. TRI-MET, INC., Respondent On Review, v. William M. ALBRECHT, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided August 1, 1989.

Attorney(s) appearing for the Case

Merrill Schneider, Portland, argued the cause and filed the petition for petitioner on review.

Scott H. Terrall, Portland, argued the cause for respondent on review. On the response to the petition for review was Eric R. Miller, Portland.

Arthur C. Johnson and Douglas G. Schaller, of Johnson, Clifton, Larson & Bolin, Eugene, filed a brief amicus curiae on behalf of the Oregon Trial Lawyers Ass'n.

Thomas Michael Cooney and Connie K. Elkins, of Cooney, Moscato & Crew, P.C., Portland, filed a brief amicus curiae on behalf of the Oregon Medical Ass'n.

Jerald P. Keene, of Roberts, Reinisch & Klor, P.C., Portland, filed a brief amicus curiae on behalf of the Ass'n of Workers' Compensation Defense Attys., Associated Oregon Industries, and Oregon Self-Insurers Ass'n.

LINDE, Justice.

The Workers' Compensation Law requires that a claimant submit to a requested medical examination and that the claimant's rights to compensation may be suspended if the claimant refuses to submit to or obstructs the medical examination. ORS 656.325(1). In the present dispute over the extent of claimant's permanent partial disability, claimant consented to an examination by designated physicians but insisted on the presence of his lawyer at the examination...

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