Morelli v. Argonaut Insurance Co.
Morelli v. Argonaut Insurance Co.
Opinion of the Court
Claimant, who depends on a wheelchair for mobility, appeals a final order of the Director of the Department of Consumer and Business Services that concluded that lawn care services recommended by claimant’s attending physician are not compensable medical services under ORS 656.245(1)(b).
Consistent with our prior case law, we conclude that lawn care services do not constitute medical or “other related services” within the meaning of ORS 656.245(1)(b), because “they are not of the same kind or class as those services specifically enumerated in the statute.” See Lorenzen v. SAIF, 79 Or App 751, 752, 719 P2d 1336, rev den, 301 Or 667 (1986) (concluding that child care services are not compen-sable medical services); see also Baar v. Fairview Training Center, 139 Or App 196, 205-06, rev den, 323 Or 690 (1996) (concluding that housekeeping services are not compensable medical services). Further, under the circumstances presented here, we are not persuaded that lawn care services, regardless of whether they are a substitute, constitute a prosthetic under the statute. But cf. SAIF v. Glubrecht, 156 Or App 339, 348-50, 967 P2d 490 (1998) (concluding that
Affirmed.
ORS 656.245(1)(b) provides, in part:
“Compensable medical services shall include medical, surgical, hospital, nursing, ambulances and other related services, and drugs, medicine, crutches and prosthetic appliances, braces and supports and where necessary, physical restorative services.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.