54 Van Natta 60 (2002). MARK A. WILSON, Claimant.
Case Date | January 16, 2002 |
Court | Oregon |
Oregon Worker Compensation
2002.
54 Van Natta 60 (2002).
MARK A. WILSON, Claimant
60In
the Matter of the Compensation of MARK A. WILSON,
ClaimantWCB
Case No. 01-02612ORDER
ON REVIEWBlack Chapman
Et Al, Claimant AttorneysGarrett Hemann Et Al, Defense AttorneysReviewing Panel: Members Haynes, Bock,
and Phillips Polich. MemberPhillips Polich
dissents. Claimant requests review of that portion of
Administrative Law Judge (ALJ) Crummé's order that declined to award
additional interim compensation. On review, the
issue is interim compensation.1 We adopt and affirm
the ALJ's order with the following supplementation. Claimant injured his low back at work on December 7, 2000. Claimant
sought medical treatment and temporary disability was authorized. On January
23, 2001, the insurer sent a modified duty job
description to claimant's treating physician, Dr. Benton. (Ex. 10). The
position was described as "a telemarketing research position in which
[claimant] would be setting [sic] at a desk, listening to
radio stations and tracking how many commercials there are in a designated
amount of time and write this information onto a log." (Ex. 10-1). Dr. Benton
approved the position as within claimant's physical abilities.
(Id.). Also on January 23, 2001, the
insurer sent claimant a modified duty job offer consistent with the job
description that had been supplied to Dr. Benton, to begin January 29, 2001. (Ex. 10A). Claimant reported to work on January 29,
2001 before 8:00 A.M. (Tr. 41). On his arrival,
claimant was instructed to write down what kind of radio station he was
listening to, and write down the sponsor and specific content of each
commercial. (Tr. 52). Claimant's literacy is limited. He can read and write to
some degree, but has very poor spelling skills. (Tr. 17, 24). Within 30 minutes
of beginning the modified job, claimant reported to his supervisor that he
could not 1 The insurer has filed a "Motion to Stay"
proceedings in this matter for 60 days from October 3, 2001 due to a liquidation order regarding its status as an insurer.
See ORS 734.700. Inasmuch as our order has issued more than 60
days from October 3, 2001 (December 2, 2001), the insurer's request has been
rendered moot. 54 Van Natta 60 (2002)61do it. (Tr. 43). His supervisor told claimant to
"do the best you can," and he returned to work. (Id.)...
To continue reading
Request your trial