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SAIF CORP. v. SHIPLEY

WCB 95-02156; CA A92310; SC S44301.

955 P.2d 244 (1998)

326 Or. 557

In the Matter of the Compensation of Dale R. Shipley, Claimant. SAIF CORPORATION and Great Shakes, Inc., Respondents on Review, v. Dale R. SHIPLEY, Petitioner on Review, and Department of Consumer and Business Services, Intervenor.

Supreme Court of Oregon.

Decided March 26, 1998.

Attorney(s) appearing for the Case

Scott M. McNutt, Sr., Coos Bay, argued the cause and filed the brief for petitioner on review.

Michael O. Whitty, Salem, argued the cause and filed the brief for respondents on review.

Mary H. Williams, Assistant Attorney General, Salem, argued the cause for intervenor. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Douglas A. Swanson, of Swanson, Thomas & Coon, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, GRABER and DURHAM, JJ.

GRABER, Justice.

The question in this workers' compensation case is where to resolve a medical services dispute that claimant raised before the Workers' Compensation Board (Board) at a hearing that originally had been set to review a denial of compensability. We hold that the Board did not have authority to conduct a hearing involving a medical services dispute.

Claimant suffered a compensable left knee injury in September of 1989. The resulting claim was...

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