Carter v. Waste Mgmt. Disposal Servs. of Or. (In re Comp. of Carter)
Court of Appeals of Oregon
1Opinion of the CourtJames, J.
*431Claimant seeks judicial review after the Workers' Compensation Board upheld employer's denial of his aggravation claim. On review, claimant argues that the board applied the wrong legal standard to determine compensability: Rather than assessing the persuasiveness of the competing medical opinions, the board applied a per se rule that the opinion of a claimant's treating physician is insufficient to establish compensability unless that opinion specifically responds to or rebuts the opinion of the physician who conducted an independent medical examination (IME). In claimant's view, the board's…
2Cases cited4 opinions
- Uris v. State Compensation DepartmentOregon Supreme Court · 1967
- SAIF Corp. v. JanuaryCourt of Appeals of Oregon · 2000
- Kassahn v. Publishers Paper Co.Court of Appeals of Oregon · 1985
- Johnson v. SAIF Corp.Court of Appeals of Oregon · 2004