Lewis v. CIGNA Insurance

This workers’ compensation case comes before us on remand from the Oregon Supreme Court. Lewis v. CIGNA Ins. Co., 336 Or 125, 79 P3d 882 (2003). The question it now presents is whether an insurer may deny a claim if the claimant refuses to participate or cooperate in an Insurer Medical Exam (IME). The Workers’ Compensation Board held that the insurer could do so. We agree and affirm.

The relevant historical and procedural events giving rise to this case can be summarized as follows. Claimant filed claims for compensation following back injuries. Insurer arranged for claimant to take an IME. He…