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All Contested Case Subject
Jurisdiction
In General
The case was properly dismissed for lack of justiciable controversy, where WCD could not issue a binding decision regarding claimant's possible liability for medical services. Gonzalez, Juvenal,
15 CCHR 39 (2010).
The case was properly dismissed for lack of "justiciable" controversy, where the appeal was limited to challenging a statement in WCD's order that was outside the scope of the case. Gonzales, Juvenal*,
15 CCHR 1 (2010).
The director had jurisdiction to abate the administrative order, before the order became final by operation of law. Fonseca-Domingues Antonio,
14 CCHR 193 (2009).
The director did not err in dismissing claimant's request for administrative review regarding interim medical benefits where no evidence existed that claimant had a health benefit plan and no evidence existed that the director had jurisdiction to consider the matter since the denial was unappealed. Monroe, Jimmy D,
13 CCHR 101 (2008).
The character of the issues raised in the order does not change simply because the issues have been appealed to the WCB for review. Flower, Michael L,
12 CCHR 264 (2007).
The director lacks authority to order an employer to pay for medical services for a denied condition that was the subject of a disputed claim settlement. Swingle, Deborah,
11 CCHR 292 (2006).
WCD does not have jurisdiction to resolve payment of a disputed medical bill, when the disputed service was performed after the date the claim was denied. Swingle, Deborah*,
11 CCHR 204 (2006).
A request for hearing by a medical service provider who is not the provider seeking payment of bills is without standing and jurisdiction. Sherrel, Karen,
9 CCHR 226 (2004).
WCD has jurisdiction over a vocational eligibility dispute following approval of a CDA. Frazier, OC III,
7 CCHR 59 (2002).
MCO
WCD has jurisdiction to consider all issues pertaining to a disagreement about medical services within an MCO. Henry, James W.,
10 CCHR 433 (2005).
WCD has jurisdiction over medical services disputes when the claimant is enrolled in an MCO. Marsh, Linden W.,
9 CCHR 433 (2004).
The director retains jurisdiction over medical services disputes arising under ORS 656.260 expressly exempted from the "matters concerning a claim" under 656.704(3)(b). Terhaar, Dirk,
9 CCHR 428 (2004).
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