O'LEARY v. Valley View Cutting

The facts in this workers’ compensation case are undisputed. Before claimant filed a request for a hearing, he sent SAIF a request to provide him the claim documents. SAIF sent the documents 22 days later. Claimant sought a penalty and attorney fees for failure to provide discovery within 15 days, as required by former OAR 438-07-015(2). The referee denied his request, and the Board affirmed. Claimant seeks review, and we affirm.

Former OAR 438-07-015(2) provided:

“Documents pertaining to claims are obtained by mailing a copy of the Request for Hearing, or a written demand accompanied by an…