Hutchison v. Fred Meyer, Inc.

Claimant seeks review of a Workers’ Compensation Board order that held that employer’s denial of his claim was not unreasonable and declined to award him a penalty. The issues are whether employer unreasonably denied the claim or unreasonably refused to rescind the denial. ORS 656.262(10).1 We affirm.

Employer accepted a claim for bilateral carpal tunnel syndrome (CTS), and the claim was closed by a determination order on April 24, 1990. Claimant had surgery. After returning to work, he still experienced pain. On May 8, 1990, Dr. Ebert stated that claimant’s new symptoms were consistent with…