Red Robin International v. Dombrosky

Employer seeks review of an order of the Workers’ Compensation Board, contending that the board erred in assessing a penalty under ORS 656.268(5)(d) and erred in concluding that the penalty should be based on the amount of compensation awarded in the notice of closure. We conclude that the board erred and reverse and remand for reconsideration.

The pertinent facts are undisputed. Claimant requested closure of her workers’ compensation claim on July 29, 2004, and employer received her request on August 2, 2004. Employer did not issue a notice of closure or notice of refusal to close the claim…