71 Van Natta 1255 (2019)
In the Matter of the Compensation of BASIL D. YAUGER, Claimant
WCB Nos. 14-05824
Oregon Worker Compensation
November 1, 2019
Hollander & Lebenbaum et al, Claimant Attorneys
Travis
L Terrall Atty at Law LLC, Defense Attorneys
Reviewing Panel: Members Lanning and Curey.
SECOND ORDER ON REMAND
On
September 4, 2019, we abated our August 6, 2019, Order on
Remand that affirmed an Administrative Law Judge's
(ALJ's) order that set aside Sedgwick Claims
Management's “noncooperation” denial (on
behalf of the self-insured employer, Hilton Worldwide, Inc.)
based on our finding that claimant had
“reasonably” cooperated with the employer's
investigation within 30 days of the Workers' Compensation
Division's (WCD's) September 19, 2014, Notice of
Suspension. We abated our order to consider Sedgwick's
assertion that we improperly relied on claimant's
contacts/communications that occurred more than 30 days
following the September 19 suspension notice and that
claimant's contacts did not constitute reasonable
cooperation. Having received the parties' positions, we
proceed with our reconsideration.
On
reconsideration, we continue to find that claimant
“reasonably” cooperated with the claim
investigation within 30 days of the WCD's September 19
suspension notice. See ORS 656.262(15)[1]; OAR
436-060-0135. We supplement our decision to clarify that we
have not considered claimant's efforts to cooperate after
October 19, 2014 (30 days from the September 19 suspension
notice).2 We reason as follows.
[71 Van
Natta 1256] In our order, we emphasized that, on both October
2, 2014 and October 16, 2014, claimant sent emails to
Sedgwick's general email address, rather than to its
specific claim adjuster's direct email.[3] (Exs. 23C, 25B).
In those emails, claimant requested an update on his claim,
detailed his efforts to comply with Sedgwick's requests,
stated that he “was very willing to cooperate with any,
and all investigations, ” and asked “Is there
anything else a reasonable person could do after being
attacked, and injured while on the job? If so—please
advise.” (Id.) It is undisputed that Sedgwick
received claimant's emails within the 30-day period
following WCD's September 19 suspension notice. Yet, it
was not until October...
