Brown v. Argonaut Insurance Company

Claimant seeks review of an order of the Workers’ Compensation Board (Board) that reversed the referee’s assessment of a penalty and attorney fees against Argonaut. We review for substantial evidence and errors of law, ORS 656.298(6), and remand for reconsideration.

In 1983, claimant suffered a compensable injury to her left elbow, which was diagnosed as tennis elbow. In January, 1986, claimant returned to her treating physician, Dr. Carpenter, complaining of pain in her left arm. Carpenter referred claimant to Dr. Eisler. Both Eisler and Carpenter wrote reports about their examinations. At…