Niccum v. Southcoast Lumber Co.

Claimant seeks review of a Workers’ Compensation Board order dismissing a portion of his appeal of an order of the referee on the ground that the Director of the Department of Insurance and Finance has exclusive jurisdiction to determine whether claimant’s proposed medical treatment is reasonable and necessary.

The Board relied on its decision in Stanley Meyers, 43 Van Natta 2643 (1991), and its interpretation of ORS 656.327 and ORS 656.704. In Meyers v. Darigold, Inc., 123 Or App 217, 861 P2d 352 (1993), we reversed the Board’s decision in Stanley Meyers, and held that the referee has…