Nero v. City of Tualatin

Claimant seeks review of an order of the Workers’ Compensation Board (Board) denying him attorney fees under ORS 656.382(1) and ORS 656.386(2). We affirm.

Claimant suffered a work-related injury in March 1991, and employer eventually accepted his claim for a herniated disc. The attending physician’s final examination in October 1991 revealed no permanent impairment or disability, and, in November 1991, employer issued a Notice of Closure with no permanent disability. Claimant requested reconsideration by the Department of Insurance and Finance1 (DIF) and sought a penalty pursuant to ORS…