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NICCUM v. SOUTHCOAST LUMBER CO.

WCB 90-17616; CA A73922; SC S40768.

880 P.2d 923 (1994)

320 Or. 189

In the Matter of the Compensation of James E. Niccum, Claimant. James E. NICCUM, Respondent on Review, v. SOUTHCOAST LUMBER CO. and SAIF Corporation, Petitioners on Review.

Supreme Court of Oregon, In Banc.

Decided September 29, 1994.

Reconsideration Denied November 29, 1994.

Attorney(s) appearing for the Case

Steve Cotton, Sp. Asst. Atty. Gen., Salem, argued the cause for petitioners on review. With him on the petition were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Edward J. Harri, of Malagon, Moore, Johnson, Jensen & Correll, Eugene, argued the cause and filed the response for respondent on review.

Kevin Keaney, of Pozzi, Wilson & Atchison, Portland, filed a brief on behalf of amici curiae Oregon Trial Lawyers' Ass'n and Oregon Workers' Compensation Attys.

DURHAM, Justice.

The issue in this case is whether the Workers' Compensation Board correctly declined to exercise jurisdiction over a claim for future medical treatment. The Board held that, under ORS 656.704(3), a claim for future medical treatment is not a matter concerning a claim that the Board may address, because it is subject to the jurisdiction of the Director of the Department of Insurance and Finance1 under ORS 656.327(1)(a)...

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