54 Van Natta 247 (2002). GARY D. FLANARY, Claimant.

Case DateApril 30, 2002
CourtOregon
Oregon Worker Compensation 2002. 54 Van Natta 247 (2002). GARY D. FLANARY, Claimant 247In the Matter of the Compensation of GARY D. FLANARY, ClaimantWCB Case No. 00-05540ORDER ON REVIEWSteven M Schoenfeld, Claimant AttorneysSather Byerly and Holloway, Defense AttorneysReviewing Panel: Members Biehl, Bock, and Phillips Polich.1The self-insured employer requests review of that portion of Administrative Law Judge (ALJ) Otto's order that set aside its denial of claimant's current combined lumbar and cervical conditions. Claimant cross-requests review of that portion of the ALJ's order that upheld the employer's denial of his injury claim for bilateral ulnar neuropathy. On review, the issue is compensability. We adopt and affirm the ALJ's order with the following changes.2 In the second paragraph on page 3, we change the last sentence to read: "Dr. Miller said that claimant's neck symptoms were secondary to degenerative disc disease. (Ex. 21-2)." In the third full paragraph on page 7, we change the citation after the fourth sentence to "(Exs. 99, 100, 101)." In the last full paragraph on page 9, we delete the fifth sentence and also delete the first word of the sixth sentence in that paragraph. We delete the last paragraph beginning on page 9 and continuing on page 10. Claimant's attorney is entitled to an assessed fee for services on review concerning the combined lumbar and cervical conditions. ORS 656.382(2). After considering the factors set forth in OAR 438-015-0010(4) and applying them to this case, we find that a reasonable fee for claimant's attorney's services on review is $2,100, payable by the self-insured employer. In reaching this conclusion, we have particularly considered the time devoted to the lumbar and cervical condition issues (as represented by claimant's counsel's affidavit and claimant's respondent's brief), the complexity of the issues, and the value of the interest involved. 1 After consultation with the Department of Justice, this Board has chosen to exercise its right to issue orders as a panel of three pursuant to ORS 656.718(2) and (3). 2 The ALJ referred to the medical examinations on behalf of the employer as "compelled" medical examinations. For the reasons expressed in Jamie B. Davis, 53 Van Natta 1548 (2001), and Laura J.Decker, 53 Van Natta 1533 (2001), we refer to such examinations as...

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