Mogliotti v. Reynolds Metals Co.

Claimant appeals from an order of the Workers’ Compensation Board that affirmed the referee’s denial of medical benefits under ORS 656.245(3).1 The issue is whether employer must pay for claimant’s surgery performed in California by a California physician on December 2, 1981. The Board ruled that because employer’s insurer did not approve of claimant’s choice of the out-of-state doctor, employer need not pay for the surgery that the doctor performed. We reverse and remand.

Claimant suffered a compensable back injury in Oregon in 1979. Following a laminectomy in 1980, he received an award of 25…