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ROSEBURG FOREST PRODUCTS v. HUMBERT

H05021; A130216.

158 P.3d 21 (2007)

212 Or. App. 285

ROSEBURG FOREST PRODUCTS, Petitioner-Cross-Respondent, v. Steven G. HUMBERT, Respondent-Cross-Petitioner, and Department of Consumer and Business Services, Respondent.

Court of Appeals of Oregon.

Decided April 25, 2007.

Attorney(s) appearing for the Case

Benjamin M. Bloom, Medford, argued the cause for petitioner-cross-respondent. With him on the briefs was Hornecker, Cowling, Hassen & Heysell, L.L.P.

Christine Jensen, Eugene, argued the cause for respondent-cross-petitioner. With her on the opening brief was Malagon, Moore & Jensen. On the reply brief was Christine Jensen.

Judy C. Lucas, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

SCHUMAN, J.

Roseburg Forest Products (Roseburg), the self-insured employer of respondent Humbert (claimant), seeks judicial review of an order by the Director of the Department of Consumer and Business Services (director) barring Roseburg from disputing whether elective surgery recommended by claimant's attending physician is excessive, inappropriate, or ineffectual. The order was based on an administrative rule under which an insurer or self-insured employer must...

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