Vandehey v. Pumilite Glass & Building Co.

In this workers’ compensation case, we are faced with a single legal issue: under ORS 656.386, and after claimant has sought a hearing on the existence of a need for further medical evaluation or treatment, may he send a doctor’s report supporting his contention to the employer and be entitled to an award of attorney’s fees if the report is not treated by the employer as a new claim?

The factual setting of this case is not disputed. Claimant suffered a compensable injury in 1969. The claim from this injury was originally closed in 1970 with no permanent partial disability awarded. The claim…