Rodriguez v. Keystone RV – Thor Industries

Employee sought review of an order of the Workers’ Compensation Board, upholding an ALJ’s determination that Employee was entitled to temporary disability benefits, but reversed the assessment of penalty, determining the employer had not unreasonably resisted or delayed paying benefits. The Employer cross-petitioned, arguing that it was error to conclude authorization of temporary benefits may be inferred from medical record review. Under ORS 656.262(4), payment of either procedural or substantive temporary disability benefits must be authorized by the attending physician or nurse practitioner. Menasha Corp. v. Crawford, 332 Or 404, 412, 29 P3d 1129 (2001). According to OAR 436-060-0020(4), a physician’s authorization may be inferred from the medical record in the absence of an explicit medical authorization of benefits or time off work. The Court found that the board’s determination that authorization of time off work could be inferred from employee’s medical record was supported by substantial evidence. The Court found that, “in the absence of an explicit work restriction, the [employer’s] opposite inference—that there had not been a medical authorization—was also reasonable.” Therefore, the Court held that the employer did not owe penalty. Affirmed on petition and cross-petition.