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Employer Not Responsible for Diagnostic Tests

By Emily Brill (Reporter)

Friday, September 29, 2017 | 1072 | 0 | 37 min read

The Oregon Court of Appeals ruled in a split decision that an employer could refuse authorization for a psychological diagnostic test because it had not accepted the psychological condition as part of the claim. Judge James Egan Judge James Egan, dissenting, wrote that the Supreme Court has yet to answer the question of who pays for diagnostic tests. He said the appellate court relied on related but inapplicable case law — the Supreme Court's Brown v. SAIF opinion — despite the fact that the high court acknowledged in that very opinion that the diagnosti...

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