In re Compensation Of Melonie Cramer, 011720 ORWC, 18-06152

• Case Date: January 17, 2020
• Court: Oregon

72 Van Natta 76 (2020) In the Matter of the Compensation of MELONIE CRAMER, Claimant WCB Nos. 18-06152 Oregon Worker Compensation January 17, 2020          ORDER ON REVIEW          Rose Senders & Bovarnick, Claimant Attorneys          Sather Byerly & Holloway, Defense Attorneys          Reviewing Panel: Members Curey and Ousey.          The self-insured employer requests review of those portions of Administrative Law Judge (ALJ) Otto’s order that: (1) found that claimant’s right shoulder sprain claim was prematurely closed; and (2) awarded a penalty and attorney fee for its allegedly unreasonable claim closure. Claimant cross-requests review of that portion of the ALJ’s order that declined to award procedural temporary disability benefits. On review, the issues are premature closure, temporary disability, penalties, and attorney fees.          We adopt and affirm the ALJ’s order.          Claimant’s attorney is entitled to an assessed fee for services on review.^[1]ORS 656.382(2), (3). After considering the factors set forth in OAR 438-015-0010(4) and applying them to this case, we find that a reasonable fee for claimant’s attorney’s services on review is $4,500, payable by the employer. In reaching this conclusion, we have particularly considered the time devoted to the premature closure, penalty, and attorney fee issues (as...