Benzinger v. Oregon Department of Insurance & Finance

Defendant Oregon Department of Insurance and Finance (DIF)1 appeals a circuit court order requiring that it issue a reconsideration order taking into account the findings of a panel of medical arbiters. We reverse.

Plaintiff Benzinger and others initiated this action under ORS 183.490,2 seeking to compel DIF to reconsider determination orders issued under ORS 656.286(6)(a) (since amended by Or Laws 1991, ch 502, § 1). The complaint was later amended to include plaintiff Harris. Originally, DIF had delayed issuing the reconsideration orders, because plaintiffs had not been examined by a medical…