55 Van Natta 4259 (2003). THOMAS R. PRINCE, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4259 (2003). THOMAS R. PRINCE, Claimant 4259In the Matter of the Compensation of THOMAS R. PRINCE, ClaimantOwn Motion No. 03-0400M, 03-0464MINTERIM OWN MOTION ORDER POSTPONING ACTION ON REVIEW OFCARRIER CLOSURE Coughlin Leuenberger and Moon PC, Claimant Attorneys Johnson Nyburg and Andersen, Defense AttorneysReviewing Panel: Members Lowell and Biehl.Claimant requests review of the insurer's October 27, 2003 Notice of Closure regarding a "post-aggravation rights" new or omitted medical condition claim ("right knee consequential, post-traumatic degenerative arthritis (includes chondrolysis and chondromalacia)") that: (1) awarded 15 percent (22.5 degrees scheduled permanent disability for the right leg (knee); and (2) found claimant entitled to temporary total disability for the period from July 14, 2003 through August 18, 2003, although the closure notice indicated that no temporary disability compensation had been paid. Claimant requests: (1) appointment of a medical arbiter to evaluate his permanent impairment; (2) that the insurer be ordered to pay temporary disability benefits; and (3) assessment of penalties and attorney fees against the insurer for allegedly unreasonable claim processing. FINDINGS OF FACT On February 3, 1988, claimant sustained a compensable right knee contusion. Claimant's aggravation rights have expired. On July 17, 2003, the insurer recommended reopening claimant's claim under our Own Motion authority for a "post-aggravation rights" new medical condition ("right knee consequential, post-traumatic degenerative arthritis (includes chondrolysis and chondromalacia)"). ORS 656.278(1)(b) (2001). On August 4, 2003, we issued an Own Motion Order reopening the claim for the "post-aggravation rights" new medical condition pursuant to ORS 656.278(1)(b) (2001) and directing the insurer to provide benefits in accordance with law. On September 11, 2003, claimant requested that the Board order the insurer to pay temporary total disability benefits on his reopened claim from July 14, 2003 (the date of his right knee surgery) through August 18, 2003 (the date his attending physician released him to return to regular work). (WCB Case No. 03-0400M). 55 Van Natta 4259 (2003)4260The insurer responded that claimant was not entitled to temporary disability...