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BIDNEY v. AVISON LUMBER COMPANY

91-01029, 91-01028 and 91-13048; CA A74427 (control) and CA A76606.

861 P.2d 362 (1993)

123 Or. App. 468

In the Matter of the Compensation of Donald J. Bidney, Claimant. Donald J. BIDNEY, Petitioner, v. AVISON LUMBER COMPANY and SAIF Corporation, Respondents.

Court of Appeals of Oregon.

Decided October 6, 1993.

Attorney(s) appearing for the Case

Richard A. Sly, Portland, argued the cause and filed the brief, for petitioner.

Steven Cotton, Sp. Asst. Atty. Gen., Salem, argued the cause, for respondents. With him on the briefs were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

Claimant compensably injured his cervical spine in 1975 and 1976. In August, 1989, a neurosurgeon recommended surgery at C5-6 and C6-7 to correct "traumatic cervical spondylosis." SAIF neither approved nor denied claimant's request for surgery, so claimant sought assistance in obtaining approval of the surgery from the Director of the Department of Insurance and Finance (DIF). After DIF notified claimant that it had no mechanism to require...

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