In re Comp. of Harvey, WCB Case No. 19-01220

• Decision Date: 01 July 2021
• Docket Number: WCB Case No. 19-01220,WCB Case No. 19-01699
• Citation: 73 Van Natta 537
• Parties: In the Matter of the Compensation of PAUL A. HARVEY, Claimant
• Court: Oregon Workers' Compensation Division

73 Van Natta 537

In the Matter of the Compensation of PAUL A. HARVEY, Claimant

WCB Case No. 19-01220

WCB Case No. 19-01699

Oregon Workers' Compensation Division

July 1, 2021

ORDER APPROVING SETTLEMENT

Ransom Gilbertson Martin et al, Claimant Attorneys

Sather Byerly Holloway - SBH Legal, Defense Attorneys

Reviewing Panel: Members Ousey and Woodford.

On January 15, 2021, we issued an order that affirmed an Administrative Law Judge's order that: (1) set aside the self-insured employer's "ceases" denial of claimant's current combined lumbar strain condition; and (2) found that claimant's medical services claim for a right L4-5/L5-S1 laminectomy and right L4-5 discectomy was compensable.The employer petitioned the court for judicial review of that order.The parties have now submitted a proposed "Disputed Claim Settlement Agreement" designed to resolve all issues raised between them.Specifically, the agreement is designed to resolve the parties' dispute pending before the Court of Appeals, as well as the dispute pending before us in WCBCase No. 20-02807.The portion of the agreement that pertains to WCBCase No. 20-02807 has been approved by us in a separate Order of Dismissal.We are authorized to consider the portion of the agreement that pertains to the dispute pending at the court.ORS 656.298(9)(a);Rebecca E. Seelye, 60 Van Natta 332(2008).

Pursuant to the portion of the agreement that pertains to the dispute pending before the court, claimant understands that the employer's "ceases" denial, as supplemented in the agreement, "shall forever remain in full force and effect[.]"Moreover, the parties agree that the enumerated medical bills within the agreement are equivalent to...