Legal Opinion

Lewis v. CIGNA Insurance

Oregon Supreme Court

Decided September 29, 2005No. CC 97-05360, 97-05050, 97-00071; CA A106117; SC S51710PublishedCited by 15 opinions

1Opinion of the CourtDe 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 law judge (ALJ) concluded that the department could not impose a sanction of denial, but could only suspend the claims under ORS 656.325(l)(a), because that statute applied…

2Cases cited6 opinions

  1. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  2. State v. GuzekOregon Supreme Court · 1995
  3. Bellikka v. GreenOregon Supreme Court · 1988
  4. SAIF Corp. v. DuboseOregon Supreme Court · 2003
  5. Lewis v. CIGNA InsuranceCourt of Appeals of Oregon · 2004

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3Cited by15 opinions

  1. State v. KurtzOregon Supreme Court · 2011
  2. Schmidt v. Mt. Angel AbbeyOregon Supreme Court · 2009
  3. Liberty v. State, Department of TransportationOregon Supreme Court · 2006
  4. Sather v. Saif Corp.Oregon Supreme Court · 2015
  5. Gordon v. RosenblumCourt of Appeals of Oregon · 2016

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