Oregon Workers' Comp Board Rules on Attending Physician

Posted on May 11, 2015

In this case, the Oregon Workers' Compensation Board found that the injured worker was not entitled to temporary total disability beyond a certain date because the physician that was actually directing care had only authorized disability benefits to a certain date.

The injured worker argued that he was entitled to ongoing temporary total disability benefits because his prior physician had authorized an open endef period of disability. The Board disagreed, explaining that only the attending physician is authorized to decide the issue of disability. The Board explained that the attending physician is the physician that is "primarily responsible for the treatment" of the injury. The Board further explained that in deciding who the attending physician is, the Board will look at the facts of the case, and how the physician behaved.

The attending physician plays a central role not only with temporary total disability, but other benefits as well. Sometimes the insurance company will decide that a certain physician is acting as the attending physician when he or she is not. If you have been denied benefits, and wonder who the attending physician is, call us at 503-325-8600. We can review your claims file, and let you know where you stand.