Nicholson v. Salem Area Transit & Saif Corp.

The issue in this case is whether the Workers’ Compensation Board (Board) erred in dismissing claimant’s request for a hearing regarding insurer’s refusal to approve palliative medical care under ORS eSG^éSllXb).1 The Court of Appeals affirmed the Board’s conclusion that the palliative care dispute was not a “question concerning a claim,” under ORS 656.283(1),2 because the approval procedure for palliative care in ORS 656.245(1)(b) was the exclusive procedure for obtaining that care. Therefore, according to the court, under the last sentence of ORS 656.704(3),3 the Board had no jurisdiction…