In re Comp. of Gramada, WCB Case No. 20-01452

Decision Date16 July 2021
Docket NumberWCB Case No. 20-01452
PartiesIn the Matter of the Compensation of VIORICA GRAMADA, Claimant
CourtOregon Workers' Compensation Division

ORDER ON REVIEW

Jodie Phillips Polich, Claimant Attorneys

SAIF Legal Salem, Defense Attorneys

Reviewing Panel: Members Woodford and Ousey.

The SAIF Corporation requests review of Administrative Law Judge (ALJ) Ogawa's order that awarded 31 percent whole person permanent impairment and 46 percent work disability for claimant's low back conditions, whereas an Order on Reconsideration had awarded 6 percent whole person permanent impairment and no work disability. On review, the issue is permanent disability (permanent impairment and work disability).

We adopt and affirm the ALJ's order.1

Claimant's attorney is entitled to an assessed fee for services on review. See ORS 656.382(2). After considering the factors set forth in OAR 438-015-0010(4) and applying them to this case, we find that a reasonable fee for claimant's attorney's services on review is $5,500, payable by SAIF. In reaching this conclusion, we have particularly considered the time devoted to the case (as represented by claimant's respondent's brief and her counsel's uncontested fee submission), the complexity of the issues, the value of the interest involved, and the risk that claimant's counsel may go uncompensated.

ORDER

The ALJ's order dated September 24, 2020, is affirmed. For services on review, claimant's attorney is awarded an assessed fee of $5,500, payable by SAIF.

Entered at Salem, Oregon on July 16, 2021

1. See Jeff L. Davis, 73 Van Natta 168, 171-72 (2021) (an attending physician's concurrence with a physician's release to regular work that was inconsistent with the record did not persuasively establish that the claimant had been released to regular work); Sandra Ocapan-Pantoja, 70 Van Natta 817, 819 (2018) (in a new/omitted medical condition claim, the claimant was entitled to an additional permanent impairment award based on a medical arbiter's findings that attributed impairment to both previously and newly accepted conditions).

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