71 Van Natta 429 (2019)
In the Matter of the Compensation of BRIAN E. NODURFT, Claimant
WCB No. 17-02699
Oregon Worker Compensation
April 23, 2019
Ransom
Gilbertson Martin et al, Claimant Attorneys
Sather
Byerly & Holloway, Defense Attorneys
Reviewing Panel: Members Curey, Lanning, and Wold.
ORDER ON REVIEW
Claimant
requests review of that portion of Administrative Law Judge
(ALJ) Pardington’s order that awarded a $7,500
employer-paid attorney fee under ORS 656.386(1). The
self-insured employer cross-requests review of that portion
of the ALJ’s order that set aside its denial of
claimant’s injury claim for a low back condition. On
review, the issues are compensability and attorney fees. We
affirm in part and modify in part.
FINDINGS
OF FACT
We
adopt the ALJ’s “Findings of Fact.”
CONCLUSIONS
OF LAW AND OPINION
In
setting aside the employer’s denial, the ALJ found the
opinion of Dr. Button, an orthopedic surgeon who examined
claimant at the employer’s request, insufficient to
establish that the March 2017 work injury was not the major
contributing cause of the need for treatment/disability for a
combined low back condition. See ORS
656.005(7)(a)(B); ORS 656.266(2)(a). The ALJ awarded
claimant’s counsel an attorney fee of $7,500 for
prevailing over the compensability denial.
We
adopt and affirm that portion of the ALJ’s decision
that concluded that claimant’s injury claim was
compensable.
On
review, claimant disagrees with the ALJ’s $7,500
attorney fee award, asserting that $12,500 is a reasonable
attorney fee for his counsel’s services rendered at the
hearing level, which included out-of-town travel and
significant benefits secured. In response, the employer
supports the ALJ’s $7,500 attorney fee award. For the
following reasons, we modify the ALJ’s award.
[71 Van
Natta 430] We review the ALJ’s attorney fee award
de novo, considering the specific contentions raised
at the hearing level and on review, in light of the factors
set...
