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NICHOLSON v. SALEM AREA TRANSIT

WCB 91-03460; CA A76237; SC S41208.

884 P.2d 864 (1994)

320 Or. 391

In the Matter of the Compensation of Rexi L. Nicholson, Claimant. Rexi L. NICHOLSON, Petitioner on Review, v. SALEM AREA TRANSIT 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 Gary D. Allen, of Emmons, Kropp, Kryger, Alexander, Egan & Allen, P.C., Albany.

Steve Cotton, Special 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.

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 approve palliative medical care under ORS 656.245(1)(b).1 The Court of Appeals affirmed the Board's conclusion that the palliative care dispute was not a "question concerning a claim," under ORS 656.283(1),

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