WILSON v. WORKERS' COMPENSATION DEPT.

2-1986; CA A40561.

738 P.2d 1001 (1987)

86 Or.App. 207

Dr. Kent WILSON, Dba Wilson Chiropractic Clinic, P.C. Petitioner, v. WORKERS' COMPENSATION DEPARTMENT, Respondent.

Court of Appeals of Oregon.

Decided June 24, 1987.


Attorney(s) appearing for the Case

Brian R. Whitehead, Salem, argued the cause and filed the brief for petitioner.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause and filed the brief for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Peter W. McSwain, and Francesconi & Cash, P.C., Portland, filed a brief amicus curiae for Oregon Chiropractic Physicians Assn.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


DEITS, Judge.

Petitioner challenges the validity of a fee schedule adopted as an administrative rule by the Workers' Compensation Department. The schedule allows licensed physical therapists to be paid a greater maximum fee than other health professionals, such as chiropractors and osteopaths, are paid for the same services. We hold that the rule is valid.

Petitioner contends that the adoption of the fee schedule exceeded the authority granted the director...

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