AIG Claim Services Inc. v. Cole

DEITS, J. pro tempore

Employer seeks review of an order of the Workers’ Compensation Board determining that claimant’s discography1 was causally related to his accepted back condition and constituted a “compensable” medical service. Employer contends that the board exceeded its jurisdiction in determining that the diagnostic procedure was “compensable” and also erred in awarding attorney fees under ORS 656.386. We agree with employer that the board erred in awarding attorney fees and reverse the award.

Claimant, a sandblaster, suffered a compensable back injury when a grating on which he was…