ELLIS v. McCALL INSULATION

WCB No. 85-03981; CA A43948; SC S35650.

775 P.2d 316 (1989)

308 Or. 74

In the matter of the Compensation of John D. ELLIS, Claimant. John D. Ellis, Petitioner On Review, v. McCall INSULATION & Saif Corporation, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided June 6, 1989.


Attorney(s) appearing for the Case

Karsten H. Rasmussen, Eugene, argued the cause for petitioner on review. Also on the petition for review was Rasmussen & Henry, Eugene.

Darrell E. Bewley, Asst. Atty. Gen., Salem, argued the cause for respondents on review.


CARSON, Justice.

In this workers' compensation proceeding, the primary issue is whether an insurer must pay chiropractic bills unrelated to a compensable injury absent the issuance of a formal denial. In the circumstances of this case, we conclude that payment is not required.

In 1979, claimant injured his back. He filed a workers' compensation claim, which the insurer accepted. Ultimately, an award of 10 percent unscheduled permanent partial disability was...

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