Roseburg Forest Products v. Shaddy

Roseburg Forest Products (Roseburg), the self-insured employer of respondent Shaddy (claimant), seeks judicial review of an order by the Director of the Department of Consumer and Business Services (director) barring Roseburg from disputing whether elective surgery recommended by claimant’s attending physician is excessive, inappropriate, or ineffectual. The order was based on OAR 436-010-0250(5), under which an insurer or self-insured employer must meet certain time limitations or lose the right to seek the director’s review of the surgery. Roseburg contends that the rule is invalid because…