55 Van Natta 4181 (2003). ANTONIO CORTEZ, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4181 (2003). ANTONIO CORTEZ, Claimant 4181In the Matter of the Compensation of ANTONIO CORTEZ, ClaimantWCB Case No. 02-07782ORDER ON REVIEWDaniel M Spencer, Claimant Attorneys Reinisch Mackenzie et al, Defense AttorneysReviewing Panel: Members Lowell, Biehl, and Bock. Member Biehl specially concurs. The self-insured employer requests review of those portions of Administrative law Judge (ALJ) Hazelett's order that: (1) found that claimant's left knee injury claim was timely filed under ORS 656.265; (2) set aside the employer's denial of claimant's injury claim; and (3) awarded a $7,160 employer- paid attorney fee. On review, the issues are timeliness of claim filing, compensability and attorney fees. We reverse. FINDINGS OF FACT We adopt the ALJ's "Findings of Fact," with the exception of the ALJ's finding that claimant was "bullied" into putting a false date of injury on the claim form. CONCLUSIONS OF LAW AND OPINION The ALJ set aside the employer's denial, finding that claimant had proved that an alleged April 4, 2001 left knee injury was a material contributing cause of a torn medial meniscus condition found in July 2002. Before making this finding, however, the ALJ rejected the employer's argument that the claim was untimely filed because it was not made within one year of the alleged injury. In doing so, the ALJ determined that claimant had immediately reported the alleged injury to his supervisor and had cooperated in completion of a written report. Thus, the ALJ found that claimant had satisfied the notice requirements of ORS 656.265.1 1 ORS 656.265 provides, in relevant part: "(1) Notice of an accident resulting in an injury or death shall be given immediately by the worker or a dependent of the worker to the employer, but not later than 90 days after the accident. The employer shall acknowledge forthwith receipt of such notice. "(2) The notice need not be in any particular form. However, it shall be in writing and shall apprise the employer when and where and how an injury 55 Van Natta 4181 (2003) 4182 On review, citing Oscar S. Kephart, 54 Van Natta 1369 (2002), the employer contends that the ALJ's determination of the timeliness issue was incorrect because claimant did not provide written notice of his injury until more than a year after the alleged injury...