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LINN CARE CENTER v. CANNON

WCB No. 83-04539; CA A32964.

704 P.2d 539 (1985)

74 Or.App. 707

In the matter of the Compensation of James G. Cannon, Claimant. LINN CARE CENTER and Ebi Companies, Petitioners, v. James G. CANNON, Respondent.

Court of Appeals of Oregon.

Decided August 7, 1985.

Attorney(s) appearing for the Case

Jerald P. Keene, Portland, argued the cause for petitioners. On the brief were Craig A. Staples and Roberts, Reinisch & Klor, P.C., Portland.

Patrick L. Hadlock, Corvallis, argued the cause for respondent. On the brief were S. David Eves and Ringo, Walton, Eves & Stuber, P.C., Corvallis.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

The issue in this Workers' Compensation case is whether the Board correctly determined that claimant's back surgery was reasonable and necessary. On de novo review, we affirm. We write only to address the insurer's contention concerning the application and effect of a Workers' Compensation Department administrative rule.

The surgery in question was elective, and the insurer sought application of OAR 436-69-507, which provides, in part...

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