O'NEIL v. NATIONAL UNION FIRE

Agency No. H95-113; CA A93588.

954 P.2d 847 (1998)

152 Or. App. 497

Janet L. O'NEIL, Petitioner, v. NATIONAL UNION FIRE, Beverly California Corporation and Department Of Consumer And Business Services, Respondents.

Court of Appeals of Oregon.

Decided February 18, 1998.


Attorney(s) appearing for the Case

Robert Wollheim, Portland, argued the Cause for petitioner. With him on the brief were Welch, Bruun, Green & Wollheim, and Christine Jensen and Malagon, Moore, et al.

Jerald P. Keene, Tigard, argued the Cause and filed the brief for respondents National Union Fire and Beverly California Corporation.

Mary H. Williams, Assistant Attorney General, argued the Cause for respondent Department of Consumer and Business Services. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Before DEITS, C.J., and De MUNIZ and HASELTON, JJ.


DEITS, Chief Judge.

Claimant seeks review of the final order of the Director of the Department of Consumer and Business Services1 under ORS 656.327, holding that the prescribed medication Prozac is not "appropriate" to the treatment of a low back condition that claimant suffers as the result of an injury that is compensable under the Workers' Compensation Law. The decisive issue is whether ORS 656.327(2) requires a "full-scale" contested...

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