55 Van Natta 4139 (2003). RANDALL E. HARTMAN, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4139 (2003). RANDALL E. HARTMAN, Claimant 4139In the Matter of the Compensation of RANDALL E. HARTMAN, ClaimantWCB Case No. 03-03368ORDER ON REVIEWKryger et al, Claimant Attorneys James B Noarthrop, SAIF Legal, Defense AttorneysReviewing Panel: Members Lowell and Biehl.Claimant requests review of Administrative Law Judge (ALJ) Brazeau's order that: (1) admitted the employer's return to work policy; (2) declined to award temporary disability after March 20, 2003; and (3) declined to assess a penalty for allegedly unreasonable claim processing. On review, the issues are evidence, temporary disability and penalties. We affirm in part and reverse in part. FINDINGS OF FACT We adopt the ALJ's "Findings of Fact." We summarize the facts as follows: On October 4, 2002, claimant and his wife completed an "Application to Rent" form and submitted it to the managers of the employer, an apartment complex. The form contained an inquiry regarding whether the applicant(s) had been convicted of a criminal offense. The box was checked "no." (Ex. 3-2). Approximately four days prior to the submission of the application, the employer hired claimant to perform maintenance. (Tr. 10). The application for rent was used as the employment application. (Tr. 8). When the manager performed a background check, he discovered claimant had been convicted of a felony in 2002. However, the manager did not disclose this information to an owner of the complex. (Tr. 11, 13). On January 16, 2003, while performing his job duties, claimant fell, injuring his ankle. The injury resulted in surgery and the SAIF Corporation accepted the claim for right distal fibular fracture. (Ex. 9). On January 16, 2003, while auditing the complex's records, an owner discovered that claimant had been convicted of a felony which was not reported on his application. (Tr. 11). On January 17, 2003, an owner terminated claimant's employment. The manager was also terminated for, among other reasons, failing to disclose claimant's conviction. (Id.) 55 Van Natta 4139 (2003) 4140 On January 24, 2003, Dr. Ballard, claimant's treating physician, released claimant to a "sitting-type" work. (Ex. 10). On March 14, 2003, Dr. Ballard released claimant to "light" duty. (Ex. 12A). At some point after that date, a SAIF representative spoke with an owner about a return to work policy. (Tr. 16). On March 21, 2003, an owner reviewed a sample return to work policy provided by SAIF, which he implemented. That day, he submitted a modified job offer to claimant's attending physician, which was approved on March 28, 2002. (Ex. 14). When SAIF stopped paying temporary total disability, claimant requested a hearing. CONCLUSIONS OF LAW AND OPINION In declining to...