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LEWIS v. CIGNA INS. CO.

CC No. 97-05360, 97-05050, 97-00071; CA A106117; SC S51710.

121 P.3d 1128 (2005)

339 Or. 342

In the Matter of the Compensation of Marvin E. Lewis, Claimant. Marvin E. LEWIS, Petitioner on Review, v. CIGNA INSURANCE CO.; and Active Transportation Co., Respondents on Review.

Supreme Court of Oregon.

Decided September 29, 2005.

Attorney(s) appearing for the Case

Linda C. Love, of Williams Love O'Leary Craine & Powers, P.C., Portland, argued the cause for petitioner on review. With her on the briefs were Michael L. Williams and Brian S. Campf.

Richard D. Barber, Jr., of Scheminske & Lyons, LLP, Lake Oswego, argued the cause and filed the briefs for respondents on review.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, and BALMER, Justices.

DE MUNIZ, J.

In this workers' compensation case we examine the kinds of sanctions that are available when a claimant refuses to participate in an insurer medical examination (IME). After claimant was summoned but failed to appear for two IMEs, the Department of Consumer and Business Services (department) approved the denial of his claims under ORS 656.262(13) and (14) (former ORS 656.262(14) and (15) (1999)). An administrative...

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