54 Van Natta 247 (2002). GARY D. FLANARY, Claimant.
Case Date | April 30, 2002 |
Court | Oregon |
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...
To continue reading
Request your trial