Fitzsimonds v. MJ HUGHES CONSTRUCTION, INC.

EDMONDS, S. J.

Claimant seeks judicial review in this workers’ compensation case of the board’s order ruling that no penalties or attorney fees are awardable under ORS 656.268(5)(d) and ORS 656.382(1) for the alleged unreasonable failure to respond to claimant’s request for claim closure. On review, we affirm.

Claimant suffered a compensable injury in February 2005, which employer accepted as a right shoulder condition. In March 2006, claimant’s attending physician determined that the condition was medically stationary and asked employer to schedule a physical capacities evaluation (PCE) for…