56 Van Natta 93 (2004). CHARLES M. SPIVEY, Claimant.
Case Date | January 16, 2004 |
Court | Oregon |
Oregon Workers Compensation
2004.
56 Van Natta 93 (2004).
CHARLES M. SPIVEY, Claimant
93In
the Matter of the Compensation of CHARLES M. SPIVEY,
ClaimantWCB
Case No. 02-00807, 01-08426, 01-08423, 01-08422, 01-08421, 01-07891,01-07890, 01-07889, 01-07888,
01-07887ORDER ON
REVIEW Black Chapman et al, Claimant Attorneys
Reinisch Mackenzie et al, Defense Attorneys Johnson
Nyburg and Andersen, Defense Attorneys Gene L Platt, Defense
Attorneys James B Northrop, SAIF Legal, Defense Attorneys
Bailey Pinney and Assocs, Defense AttorneysReviewing Panel: Members Biehl, Lowell,
and Bock.Claimant requests review of
Administrative Law Judge (ALJ) Brazeau's order that upheld denials of
claimant's occupational disease claim for bilateral hearing loss condition
issued by Crawford and Company on behalf of Southwest Forest Products and Stone Container, the SAIF Corporation on behalf of
Medford Plywood, Liberty Northwest Insurance
Corporation on behalf of May Trucking Company,
Market Transport, and Modoc Orchards (Liberty/Modoc), RSKCO on behalf of KRI
Constructors (RSKO/KRI), and SAMIS on behalf of Naumes, Inc. (Samis/Naumes).
Claimant argues that the ALJ erred in addressing compensability, because the
only parties who denied compensability settled those claims before the ALJ
issued his order. On review, the issues are scope of the ALJ's review and responsibility.1 We reverse in part and affirm in part.
FINDINGS OF FACT We adopt
the ALJ's "Findings of Fact," with the following supplementation. On March 19, 2003, the ALJ approved a Disputed Claim
Settlement Agreement between claimant and Royal and
SunAlliance (Royal) on behalf of Iron 1 Claimant
requests remand for findings of fact and arguments regarding responsibility. We
deny these requests, because we find that the record is properly, completely,
and sufficiently developed to decide the responsibility issue.
See ORS 656.295(5). During closing
arguments, RSKCO/KRI argued that claimant failed to prove that he was a
"subject worker under this insurer's coverage." We do not address this argument
because it was first raised during closing arguments. See Charlene P.
Brumaghim, 53 Van Natta 822 (2001) (Board will not consider an issue
raised for the first time during closing argument). 56 Van Natta 93 (2004)94Gate and Quality Crafts, Inc. Also that day, the ALJ approved a Disputed
Claim Settlement Agreement between claimant and
Royal on behalf of Fibreboard Carton. As of the date
these agreements were approved, all issues arising from these carriers'
compensability denials were resolved.2 The ALJ's
order addressing compensability of claimant's bilateral hearing loss claim
issued March 21, 2003. CONCLUSIONS OF LAW AND
OPINION Claimant worked for a plywood mill from 1951
to 1957. Then he worked for Fibreboard Container until the fall of 1975. After
that he worked for a year at Southwest Forest
Products, followed by about four years at Iron Gate. Claimant then worked for
Medford Plywood from 1982 through 1983. In 1984, he worked for six months for
Quality Craft, then three months for KRI. Claimant worked in California...
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