PHYSICAL THERAPY v. LIBERTY NORTHWEST

0800163H; A147973 (Control);0800217H; A147974; 0800209H; A147975; 0800185H; A147976; 0800203H; A147977; 0800162H; A147978; 0800156H; A147979; 0800221H; A147980; 0800268H; A147981; 0800250H; A147982; 080013H; A147983; 0800356H; A147984.

316 P.3d 324 (2013)

259 Or. App. 743

BACK IN ACTION PHYSICAL THERAPY, Petitioner, v. LIBERTY NORTHWEST INSURANCE CORPORATION and Department of Consumer and Business Services, Respondents. Canby Physical Therapy, Petitioner, v. Liberty Northwest Insurance Corporation and Department of Consumer and Business Services, Respondents. Capitol Physical and Hand Therapy, Petitioner, v. Liberty Northwest Insurance Corporation and Department of Consumer and Business Services, Respondents. Clackamas Physical Therapy Associates, Petitioner, v. Liberty Northwest Insurance Corporation and Department of Consumer and Business Services, Respondents. Hood River Physical Therapy, Petitioner, v. Liberty Northwest Insurance Corporation and Department of Consumer and Business Services, Respondents. Jackson County Physical Therapy, Petitioner, v. Liberty Northwest Insurance Corporation and Department of Consumer and Business Services, Respondents. Keizer Physical Therapy, Petitioner, v. Liberty Northwest Insurance Corporation and Department of Consumer and Business Services, Respondents. Laurelhurst Physical Therapy, Petitioner, v. Liberty Northwest Insurance Corporation and Department of Consumer and Business Services, Respondents. Proactive Orthopedic of Gresham, Petitioner, v. Liberty Northwest Insurance Corporation and Department of Consumer and Business Services, Respondents. Proactive Orthopedic of Oregon City, Petitioner, v. Liberty Northwest Insurance Corporation and Department of Consumer and Business Services, Respondents. Tim Foley Physical Therapy, Petitioner, v. Liberty Northwest Insurance Corporation and Department of Consumer and Business Services, Respondents. Zomerschoe Physical Therapy, Petitioner, v. Liberty Northwest Insurance Corporation and Department of Consumer and Business Services, Respondents.

Court of Appeals of Oregon.

Decided December 11, 2013.


Attorney(s) appearing for the Case

Diana E. Godwin , Portland, argued the cause and filed the briefs for petitioners.

Judy C. Lucas , Senior Assistant Attorney General, argued the cause for respondent Department of Consumer and Business Services. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

David O. Wilson argued the cause for respondent Liberty Northwest Insurance Corporation. With him on the brief was Law Offices of Anderson & Nyburg.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and BREWER, Judge pro tempore.


ARMSTRONG, P.J.

This is a consolidated medical fee dispute in which petitioners, Back in Action Physical Therapy (Back in Action) and 11 other medical providers, seek review of final orders of the Department of Consumer and Business Services (DCBS) concluding that petitioners were not entitled to additional payments from Liberty Northwest Insurance Corporation (insurer) for physical therapy services provided by petitioners to injured workers under the workers' compensation...

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