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SAIF CORPORATION v. ELLER

H00-117; A116500.

74 P.3d 1093 (2003)

189 Or. App. 113

In the Matter of the ORS 656.248(12), Medical Fee Dispute of Ernest E. Lloyd, Claimant. SAIF CORPORATION and Miller Timber Services, Inc., Petitioners, v. Inez ELLER, CFA, and Department of Consumer and Business Services, Respondents.

Court of Appeals of Oregon.

Decided August 6, 2003.

Attorney(s) appearing for the Case

Jerome P. Larkin argued the cause and filed the briefs for petitioners.

Judy C. Lucas, 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 Mary H. Williams, Solicitor General.

No appearance for respondent Inez Eller.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

BREWER, J.

In this medical fee dispute arising out of a workers' compensation claim, petitioners SAIF Corporation and its insured, Miller Timber Services, Inc. (Miller),1 seek judicial review of a final order of the Department of Consumer and Business Services (DCBS), Workers' Compensation Division (WCD or the division). In that order, DCBS concluded that the services of a nonlicensed surgical assistant, Inez Eller, were reimbursable....

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