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
• Citation: In re Myers, 73 Van Natta 543, WCB Case No. 18-00006H, WCB Case No. 18-04163, WCB Case No. 19-00865 (Or. Work. Comp. Jul 09, 2021)
• 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...