Linn Care Center v. Cannon

The issue in this Workers’ Compensation case is whether the Board correctly determined that claimant’s back surgery was reasonable and necessary. On de novo review, we affirm. We write only to address the insurer’s contention concerning the application and effect of a Workers’ Compensation Department administrative rule.

The surgery in question was elective, and the insurer sought application of OAR 436-69-501, which provides, in part:

“ (3) When elective major orthopedic or neurological surgery is recommended, the insurer may recommend an independent consultation with a physician of insurer’s…