Hewes v. State Accident Insurance Fund

In this workers’ compensation case there are two essential issues: whether claimant has established her claim for aggravation and whether she is entitled to penalties and attorney fees for unreasonable delay in denying her claim. The first issue is purely factual. We affirm the Workers’ Compensation Board’s denial of the claim for aggravation. See Bowman v. Oregon Transfer Company, 33 Or App 241, 576 P2d 27 (1978).

Respecting the issue of penalties and attorney fees, the relevant facts are that claimant sustained a compensable injury to her neck and upper back in 1969. Her claim was closed in…