Cayton v. Safelite Glass Corp.

Claimant seeks judicial review of an order of the Workers’ Compensation Board, challenging the board’s conclusion that ORS 656.382(1) does not authorize attorney fees for services that his lawyer rendered in securing a penalty based on employer’s refusal to close his workers’ compensation claim.1 We affirm.

In 2001, claimant filed a claim for a hand condition that resulted from his long-term use of vibrating tools. On numerous occasions between January 2005 and January 2006, claimant requested that employer close his claim. Following each request, employer either refused to close the claim or…