In re Comp. of Myers, WCB Case No. 19-01791

• Decision Date: 09 July 2021
• Docket Number: WCB Case No. 19-01791,WCB Case No. 19-00865,WCB Case No. 19-01328,WCB Case No. 18-00006H,WCB Case No. 18-04163
• Parties: In the Matter of the Compensation of ANDREW K. MYERS, Claimant
• Court: Oregon Workers' Compensation Division

73 Van Natta 543

In the Matter of the Compensation of ANDREW K. MYERS, Claimant

WCB Case No. 19-01791

WCB Case No. 19-01328

WCB Case No. 19-00865

WCB Case No. 18-04163

WCB Case No. 18-00006H

Oregon Workers' Compensation Division

July 9, 2021

ORDER OF DISMISSAL

Glen J Lasken, Claimant Attorneys

Reinisch Wilson Weier PC, Defense Attorneys

Reviewing Panel: Members Ousey and Woodford.

The self-insured employer requested review of Administrative Law Judge (ALJ) Otto's order that: (1) set aside its denial of claimant's "current condition"; (2) set aside its denial of claimant's new/omitted medical condition claim for toxic encephalopathy, mild neural cognitive disorder, convergence insufficiency, and saccadic eye movement deficiency; (3) found a causal relationship between claimant's acupuncture medical services and the claim; (4) awarded a penalty and related attorney fee for the "current condition" denial pursuant to ORS 656.262(11)(a); (5) awarded a $175,000 assessed attorney fee for the compensability issues; (6) awarded extraordinary costs in the amount of $37,452.72; and (7) awarded a contingent attorney fee for the medical services denial. The parties have submitted a proposed "Stipulation" to resolve this matter pending Board review.

Pursuant to the stipulation, the employer agrees to withdraw its appeal of the ALJ's order, issue a non-provisional Modified Notice of Acceptance for the conditions at issue, and process the claim according to law. The employer further agrees to pay claimant's counsel the assessed attorney fee award granted by the ALJ's order, in addition to the ALJ's extraordinary cost award. Finally, the agreement provides that the appeal is dismissed with prejudice.

By this order, we have approved the parties' stipulation. Accordingly, this matter is dismissed with prejudice.

IT IS SO ORDERED.

Entered at Salem, Oregon on July 9, 2021