Darling v. Johnson Controls Battery Group, Inc.

Claimant filed a workers’ compensation claim for a right shoulder injury. While investigating the claim, employer asked her to attend an insurer medical examination (IME)1 pursuant to ORS 656.325(1)(a), in which she would be examined by an orthopedic surgeon and a neuropsychologist. Claimant refused to attend that exam. Employer subsequently denied her claim, and claimant requested a hearing to review that denial. Employer then twice sought to have claimant attend the IME that she had earlier refused to attend. Claimant refused both times. In response, employer moved to dismiss claimant’s…