54 Van Natta 102 (2002). TERRY L. COX, Claimant.

• Case Date: January 31, 2002
• Court: Oregon

Oregon Worker Compensation 2002. 54 Van Natta 102 (2002). TERRY L. COX, Claimant 102In the Matter of the Compensation of TERRY L. COX, ClaimantWCB Case No. 01-01206, 00-05171ORDER ON REVIEWCharles Robinowitz, Claimant AttorneysWallace Klor and Mann PC, Claimant AttorneysReviewing Panel: Members Bock, Biehl, and Haynes.The insurer requests review of those portions of Administrative Law Judge (ALJ) Poland's order that: (1) found that it was not an abuse of discretion for the Appellate Review Unit to decline to abate its Order on Reconsideration to consider claimant's attending physician's "insurer-requested" supplemental opinion; and (2) affirmed an Order on Reconsideration that awarded 26 percent (83.2) degrees unscheduled permanent disability for claimant's right shoulder condition. Claimant cross-requests review of those portions of the ALJ's order that: (1) did not include in the "order" portion the parties' stipulation regarding penalty issues; (2) stated that claimant's attorney's share was 25 percent of the penalties; (3) awarded claimant's counsel a $500 attorney fee under ORS 656.382(2); (4) declined to consider claimant's testimony regarding his hearing request from an Order on Reconsideration that awarded 21 percent (31.5 degrees) scheduled permanent disability for loss of use or function of the left knee; and (5) affirmed the Order on Reconsideration's left knee award. On review, the issues are the ALJ's evidentiary ruling, permanent disability (scheduled and unscheduled), penalties, and attorney fees.1 We affirm in part and modify in part. FINDINGS OF FACT We adopt the ALJ's Findings of Fact. CONCLUSIONS OF LAW AND OPINION Penalty/Stipulation After reviewing the transcript, we find no stipulation that would alter the statutory "50 percent" share of the penalty award between claimant and his attorney. ORS 656.262(11)(a). Accordingly, we modify the ALJ's order to reflect 1 The insurer withdrew its "Motion to Strike" claimant's answering brief. 54 Van Natta 102 (2002)103that claimant's attorney is entitled to 50 percent of the penalty stipulation regarding the right shoulder and left knee claims, in lieu of 25 percent as stated in the ALJ's order. In addition, we modify the ALJ's order to incorporate the parties' stipulations recited on page two (with the above correction as to the allocation of the penalty between claimant...