Providence Health System Oregon v. Walker

This is the second time that we are asked to review an order of the Workers’ Compensation Board relating to claimant’s entitlement to a penalty under former ORS 656.268 (5)(d) (2009), renumbered as ORS 656.268(5)(f) (2015),1 and attorney fees under ORS 656.382(1), for employer’s failure to close her claim within 10 days of her September 30, 2009, request for closure.

In its first order addressing the issue, the board rejected claimant’s request for a penalty, determining that there were no amounts “then due” on which to base a penalty at the time employer closed the claim on November 5, 2009.…