455 P.3d 566
Or. Ct. App.2019Background
- Defendant Christopher Workman pleaded guilty via an Alford plea to third-degree assault and was sentenced in Deschutes County.
- The court ordered $8,274.84 restitution payable to the Crime Victims’ Compensation Program (CVCP): $5,154.84 for medical expenses CVCP paid and $3,120 for lost wages CVCP paid the victim.
- At the restitution hearing, CVCP manager Shaw testified that CVCP reviews bills, chart notes, and EOBs and, for uninsured victims, pays medical charges using Oregon’s workers’ compensation fee schedules, writing off amounts above those rates.
- Defendant challenged only the medical-expense component on appeal, arguing under State v. McClelland that the record lacked evidence the charges were reasonable (market rate).
- The trial court relied on the CVCP testimony and the statutory basis for workers’ compensation fee schedules to infer those rates reflect market reimbursement; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the state proved that medical charges CVCP paid were reasonable (at or below market rate) so restitution may be awarded | CVCP testimony showed it paid according to workers’ compensation fee schedules after reviewing bills and records; that suffices to show charges were at or below customary market rates | Medical bills alone are insufficient under McClelland; there was not adequate evidence that the amounts paid were reasonable or at market rate | Affirmed: CVCP testimony that payments followed workers’ compensation fee schedules, together with the statutory basis for those schedules, supported a finding the charges were at or below market rate and therefore reasonable |
Key Cases Cited
- State v. McClelland, 278 Or App 138 (requires additional evidence beyond medical bills to prove charges are reasonable)
- State v. Campbell, 296 Or App 22 (additional evidence may include proof charges were at or below customary market rate)
- State v. J. M. E., 299 Or App 483 (restitution to CVCP reversed where no testimony that paid amounts were at or below market rate)