MATTER OF CARNES, 57 Van Natta 2003 (Or. Work. Comp. 7/27/2005), WCB Case No. 04-06674.
| Decision Date | 27 July 2005 |
| Docket Number | WCB Case No. 04-06674. |
| Citation | 57 Van Natta 2003 |
| Parties | In the Matter of the Compensation of DOROTHY J. CARNES, Claimant. |
| Court | Oregon Workers' Compensation Division |
Claimant, pro se, requests review of Administrative Law Judge (ALJ) Spangler's order that declined to set aside her 2001 Disputed Claim Settlement (DCS) and Claim Disposition Agreement (CDA). On review, the issue is the validity of the previously approved agreements.
We adopt and affirm the ALJ's order with the following supplementation.1
In declining to set aside the DCS and CDA, the ALJ rejected claimant's argument that her former attorney misled or coerced her into signing the agreements. The ALJ found that there was no credible or colorable evidence to support any of claimant's allegations or requests for relief. Having reviewed this record, we agree with the ALJ's reasoning and conclusions.2 In addition, we make the following comments.
A proposed CDA shall be approved unless the Board finds that the proposed disposition is unreasonable as a matter of law. ORS 656.236(1)(a)(A). Moreover, ORS 656.236(2) provides that, once approved, a CDA is not subject to further review. In addition, ORS 656.236(7) provides that carriers who are parties to a CDA shall not be joined as parties in further proceedings to determine responsibility (except medical services) and that no order may alter the carrier's obligations as set forth in the approved CDA.
Accordingly, the statutory provisions concerning CDAs make clear that, if there is an allegation regarding intentional misrepresentation of a material fact, such an allegation must be raised before the Board's approval of the CDA or within 10 days of the approval pursuant to OAR 483-009-0035. In this case, claimant raised such an allegation several years after Board approval of the CDA. Claimant's request for relief is untimely with regard to the CDA because the CDA is a final, unappealable order. It follows that the ALJ/Board lacks authority to set aside the 2001 Board-approved CDA.3
With regard to the DCS, we find that this record does not establish grounds on which the DCS should be set aside. In other words, the record does not contain evidence of misrepresentation, fraud or other illegal activity. Thus, there are no extraordinary circumstances to set aside the DCS. See Floyd D. Gatchell, 48 Van Natta 467 (1996) ().
Claimant argues, however, that the DCS was invalid because it pertained to a bilateral carpal tunnel condition, even though no claim had been filed. We disagree.
A claim for bilateral carpal tunnel was made, denied and a hearing request was filed within the DCS itself. Accordingly, we conclude that the DCS was not invalid on this ground.
Claimant also contends that the DCS is invalid because she signed the CDA at the same time as she signed the DCS, even though the DCS stated that no CDA had been filed for approval of the Board. The purpose of this provision in a DCS is to alert the ALJ of the suspension of all proceedings under ORS 656.236(1)(a) until approval of the CDA. That suspension becomes effective when a CDA has been filed with the Board.
Here, the DCS was approved on July 2, 2001 by an ALJ, but the CDA was not filed with the Board until July 6, 2001. Therefore, the provision in the DCS was accurate and, as such, not misleading or illegal.
Claimant also argues that the DCS is invalid because it precluded medical services related to the accepted condition. We disagree.
The DCS upholding the "current condition" denial made it difficult factually to establish that medical services...
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In re Comp. of Strubel, WCB Case No. 15-02810
...an approved settlement to be an extraordinary remedy to be granted sparingly in the most extreme circumstances. See Dorothy J. Carnes, 57 Van Natta 2003, 2004 (2005); Pruitt Watson, 45 Van Natta 1633 (1993). Absent a showing of extreme circumstances, we have declined to set aside a DCS. See......