In re Comp. of Guzman, WCB Case No. 20-03161

Decision Date28 May 2021
Docket NumberWCB Case No. 20-03161
PartiesIn the Matter of the Compensation of MARCOS A. GUZMAN, Claimant
CourtOregon Workers' Compensation Division

ORDER ON REVIEW

Hooton & Chen LLP, Claimant Attorneys

SAIF Legal Salem, Defense Attorneys

Reviewing Panel: Members Ousey and Curey.

Claimant requests review of Administrative Law Judge (ALJ) Reichers's order that: (1) did not award supplemental disability benefits; and (2) declined to award penalties and related attorney fees for allegedly unreasonable claim processing. On review, the issues are supplemental temporary disability, penalties, and attorney fees.

We adopt and affirm the ALJ's order.1

ORDER

The ALJ's order dated December 7, 2020, is affirmed.

Entered at Salem, Oregon on May 28, 2021

1. On review, claimant contends that there is no evidence in the record of when SAIF mailed its April 2, 2020, letter to claimant requesting verifiable documentation of secondary employment for purposes of determining his eligibility for supplemental disability benefits. However at the hearing level, there was no dispute that SAIF had mailed the letter to claimant and that he had received it. Under such circumstances, we decline to address claimant's contention. See Penelope M. McCavitt, 73 Van Natta 185 (2021) (Board may decline to consider issues not raised at hearing).

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