No. 08-0011M (2008). DUANE A. VAN GORDER, Claimant.

• Court: Oregon

Oregon Worker Compensation 2008. No. 08-0011M (2008). DUANE A. VAN GORDER, Claimant In the Matter of the Compensation of DUANE A. VAN GORDER, ClaimantOwn Motion No. 08-0011MINTERIM OWN MOTION ORDER REFERRING FOR A CONSOLIDATED HEARINGPatrick K Mackin, Claimant Attorneys Randy Rice AAL, Defense AttorneysReviewing Panel: Members Biehl and Langer.Claimant requests penalties and attorney fees for the insurer's allegedly unreasonable Own Motion claim processing. Based on the following reasoning, we consider it appropriate to consolidate this Own Motion matter with litigation pending at the Hearings Division. (WCB Case No. 08-00407). Claimant sustained a low back injury on November 2, 1997. His aggravation rights have expired. In September 2007, claimant sought treatment for low back pain. Dr. Ono, claimant's attending physician, recommended surgery and released him from work. Claimant underwent surgery on October 4, 2007. On October 11, 2007, claimant sought claim reopening and temporary disability benefits. The self-insured employer began paying temporary disability benefits on November 8, 2007. On January 17, 2008, clamant sought Own Motion relief, contending that the employer had neither voluntarily reopened his claim nor submitted an Own Motion Recommendation. He also requested a hearing alleging a de facto denial and seeking penalties/attorney fees. (WCB Case No. 08-00407). On February 20, 2008, the employer voluntarily reopened claimant's claim for a "worsening" of his previously accepted conditions. ORS 656.278(1)(a); ORS 656.278(5). Claimant has requested penalties and attorney fees for the employer's allegedly unreasonable Own Motion claim processing. In doing so, he asserts that the insurer unreasonably delayed the processing of his Own Motion claim reopening. The insurer opposes claimant's request, providing several explanations in defense of its claim processing. Claimant's request for hearing is scheduled for April...