O'NEIL v. National Union Fire

Claimant seeks review of the final order of the Director of the Department of Consumer and Business Services 1 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 case hearing or whether the more limited procedures that were followed by the Director were sufficient to satisfy the statute. We conclude that the procedures followed were…