Matter of Compensation of Brown

In this workers’ compensation case, the claim was accepted and benefits were paid. After the claim was closed claimant’s request that it be reopened was denied.

Thereafter, claimant requested a hearing on the issues of his entitlement to additional benefits, penalties and attorney fees for resistance or delay, or, in the alternative, on the extent of permanent disability. ORS 656.283. Finding the claim had been prematurely closed, a referee ordered the claim reopened and that claimant be paid an additional 25 percent as penalty and $950 attorney fees. The employer requested review by the…