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HATHAWAY v. HEALTH FUTURE ENTERPRISES

WCB 90-21435; CA A72995; SC S41202.

884 P.2d 549 (1994)

320 Or. 383

In the Matter of the Compensation of Joan E. Hathaway, Claimant. Joan E. HATHAWAY, Petitioner on Review, v. HEALTH FUTURE ENTERPRISES and Saif Corporation, Respondents on Review.

Supreme Court of Oregon, In Banc.

Decided December 2, 1994.

Attorney(s) appearing for the Case

Robert Wollheim, of Welch, Bruun, Green & Wollheim, Portland, argued the cause for petitioner on review. With him on the petition was J. David Kryger, of Emmons, Kropp, Kryger, Alexander, Egan & Allen, P.C., Albany.

Steve Cotton, Sp. Asst. Atty. Gen., Salem, argued the cause for respondents on review. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Donald M. Hooton, Portland, filed a brief on behalf of amicus curiae Oregon Workers' Compensation Attys.

DURHAM, Justice.

The issue in this case is whether the Workers' Compensation Board (Board) erred in dismissing claimant's request for a hearing regarding insurer's refusal to pay for palliative medical care. The Court of Appeals held that the Board did not err, because ORS 656.245(1)(b) and ORS 656.704(3) grant to the director of the Department of Insurance and Finance1 exclusive authority to resolve a dispute over an insurer's refusal...

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