- Court: Oregon Court of Appeals
- Area(s) of Law: Workers Compensation
- Date Filed: 08-21-2013
- Case #: A148031
- Judge(s)/Court Below: Hadlock, J. for the Court; Sercombe, P.J.; and Edmonds, S.J.
- Full Text Opinion
Darlene Sparling and her employer both challenged an order of the Workers' Compensation Board ("board") awarding Sparling temporary total disability ("TTD") benefits as of January 14, 2010. Sparling suffered a compensable lumbar strain in April 2006 while working for the employer. Sparling received treatment from Dr. Tsai, who became her "attending physician." Pursuant to this injury, Sparling received TTD benefits through March 2008 but did not receive permanent disability benefits. In March 2008, Dr. Tsai recommended further work restrictions and Sparling filed an aggravation claim. Sparling's employer denied the claim. In May 2008, Sparling consulted Dr. Movius, who diagnosed her with a sacroiliac and iliolumbar strain. Sparling treated with Dr. Movius through August 2009. On review, Sparling argued that the board erred by declining to award her TTD benefits starting in either 2008 or 2009, based on Dr. Movius's diagnosis and recommendations. This Court denied Sparling’s petition on the grounds that only an "attending physician may authorize payment of [TTD] compensation." According to ORS 656.005(12)(b), an "'attending physician' means a doctor, physician or physician assistant who is primarily responsible for the treatment of a worker's compensable injury." The Court of Appeals determined Dr. Tsai to be Sparling's attending physician, not Dr. Movius, and, consequently, held that only Dr. Tsai may authorize payment of TTD compensation to Sparling. The employer cross-petitioned on the basis that the board should not have awarded any TTD benefits. Affirmed on petition and on cross-petition.