Barrett v. Coast Range Plywood

Claimant appeals from an order of the Workers’ Compensation Board affirming an order of the referee denying penalties and attorney’s fees relating to the suspension of compensation payments following claimant’s failure to keep an appointment for a medical examination. We review de novo, ORS 656.298(6), and affirm.

The insurer, by letter dated February 6, 1980, notified claimant to submit himself for a medical examination1 at a specified time and place on February 25, 1980. The letter contained the following caveat:

“This appointment has been made specially for you and if you cannot keep it for…