56 Van Natta 3665 (2004). KADE A. MCCLANAHAN, Claimant.
|Case Date:||November 19, 2004|
Oregon Workers Compensation 2004. 56 Van Natta 3665 (2004). KADE A. MCCLANAHAN, Claimant 3665In the Matter of the Compensation of KADE A. MCCLANAHAN, ClaimantWCB Case No. 03-01208, 02-08992ORDER ON REVIEWFontana and Takaro, Claimant Attorneys Steven T Maher, Defense Attorneys Zipse Elkins and Mitchell, Defense AttorneysReviewing Panel: Members Langer and Kasubhai.Cambridge Integrated (Cambridge), on behalf of Diamond Triumph Auto Glass, requests review of those portions of Administrative Law Judge (ALJ) Rissberger's order that: (1) set aside its de facto compensability and responsibility denial of claimant's occupational disease claim for Raynaud's syndrome; and (2) upheld the denial of the same condition, issued by Farmers Insurance Co. (Farmers) on behalf of Davis Glass, Inc. Claimant cross-requests review of those portions of the ALJ's order that: (1) declined to award a penalties or attorney fees for Cambridge's allegedly unreasonable claim processing; and (2) awarded a $5,800 assessed attorney fee. On review, the issues are compensability, responsibility, penalties and attorney fees. We reverse in part, modify in part, and affirm in part. FINDINGS OF FACT We adopt the ALJ's "Findings of Fact." CONCLUSIONS OF LAW AND OPINION We adopt and affirm the ALJ's order with the exception of that portion pertaining to claimant's request for a penalty based on Cambridge's failure to issue a written acceptance or denial in response to claimant's claim against it.1 The ALJ declined to award a penalty, finding Cambridge's conduct was not unreasonable. We disagree with that portion of the ALJ's order. Cambridge does not dispute that it failed to issue an acceptance or denial within 60 days of claimant's claim as required by ORS 656.262(6)(a). Cambridge 1 We also modify the ALJ's assessed attorney fee award as discussed below. 56 Van Natta 3665 (2004)3666offered no explanation for its conduct at hearing or on review. Consequently, we find its conduct was unreasonable. Accordingly, Cambridge is assessed a 25 percent penalty based on amounts then due to claimant as of the date of hearing as a result of this order. 656.262(11)(a). Additionally, claimant's attorney is entitled to a penalty-related attorney fee under amended ORS 656.262(11)(a) (2003) and OAR 438-015-0110 (2003). Taking into consideration the factors set forth in OAR...
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