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FITZSIMONDS v. MJ HUGHES CONSTRUCTION, INC.

0602879; A138173.

226 P.3d 107 (2010)

233 Or. App. 447

In the Matter of the Compensation of David E. Fitzsimonds, Claimant. David E. FITZSIMONDS, Petitioner, v. MJ HUGHES CONSTRUCTION, INC., Respondent.

Court of Appeals of Oregon.

Decided January 27, 2010.

Attorney(s) appearing for the Case

Ronald A. Fontana, Portland, argued the cause for petitioner. With him on the briefs was Fontana & Takaro, P.C.

Theodore P. Heus argued the cause for respondent. With him on the brief was Scheminske & Lyons, LLP, Salem.

Before Wollheim, Presiding Judge, and Sercombe, Judge, and Edmonds, Senior Judge.

EDMONDS, S.J.

Claimant seeks judicial review in this workers' compensation case of the board's order ruling that no penalties or attorney fees are awardable under ORS 656.268(5)(d) and ORS 656.382(1) for the alleged unreasonable failure to respond to claimant's request for claim closure. On review, we affirm.

Claimant suffered a compensable injury in February 2005, which employer accepted as a right shoulder condition. In March 2006,

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