54 Van Natta 60 (2002). MARK A. WILSON, Claimant.

Case DateJanuary 16, 2002
CourtOregon
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

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT