S-M Motor Co. v. Mather

Employer1 seeks reversal of an order of the Department of Consumer and Business Services (DCBS) assessing a 25 percent penalty based on employer’s failure to pay temporary disability benefits to claimant and an additional 25 percent penalty for employer’s unreasonable delay in paying him medical expenses. ORS 656.262(10)(a). We reverse in part and affirm in part.

In December 1984, claimant injured his neck at work when he slipped on ice and fell. Claimant filed a claim that was eventually closed in August 1985. In August 1990, claimant filed an aggravation claim. Employer denied that claim,…