Hathaway v. Health Future Enterprises

The issue in this case is whether the Workers’ Compensation Board (Board) erred in dismissing claimant’s request for a hearing regarding insurer’s refusal to pay for palliative medical care. The Court of Appeals held that the Board did not err, because ORS 656.245(1)(b) and ORS 656.704(3) grant to the director of the Department of Insurance and Finance 1 exclusive authority to resolve a dispute over an insurer’s refusal to pay for palliative care. Therefore, according to the court, the Board had no authority to resolve the dispute. Hathaway v. Health Future Enterprises, 125 Or App 549, 553,…