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LEWIS v. CIGNA INS. CO.

97-05360, 97-05050 and 97-00071; A106117.

87 P.3d 698 (2004)

192 Or. App. 658

In the Matter of the Compensation of Marvin E. Lewis, Claimant. Marvin E. LEWIS, Petitioner-Cross-Respondent, v. CIGNA INSURANCE CO.; and Active Transportation Co., Respondents-Cross-Petitioners.

Court of Appeals of Oregon.

Decided April 7, 2004.

Attorney(s) appearing for the Case

Linda C. Love and Craine & Love, Lake Oswego, for petitioner-cross-respondent.

Vera Langer and Scheminske & Lyons, Portland, for respondents-cross-petitioners.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

SCHUMAN, J.

This workers' compensation case comes before us on remand from the Oregon Supreme Court. Lewis v. CIGNA Ins. Co., 336 Or. 125, 79 P.3d 882 (2003). The question it now presents is whether an insurer may deny a claim if the claimant refuses to participate or cooperate in an Insurer Medical Exam (IME). The Workers' Compensation Board held that the insurer could do so. We agree and affirm.

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