VALENCIA v. GEP BTL, LLC

0803840; A143870.

269 P.3d 65 (2011)

247 Or. App. 115

In the Matter of the Compensation of Chris A. Valencia, Claimant. Chris A. VALENCIA, Petitioner, v. GEP BTL, LLC; Compro, Inc.; and Workers' Compensation Division, Respondents.

Court of Appeals of Oregon.

Decided December 14, 2011.


Attorney(s) appearing for the Case

Ernest M. Jenks argued the cause and filed the brief for petitioner.

Jeff J. Payne , Assistant Attorney General, argued the cause for respondents ComPro, Inc. and Workers' Compensation Division. With him on the brief were John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.

Courtney C. Kreutz waived appearance for respondent GEP BTL, LLC.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.


ARMSTRONG, J.

Claimant seeks review of an order of the Workers' Compensation Board that overturned an administrative law judge's order assessing a penalty and attorney fees after determining that ComPro, Inc., the assigned processing administrator for claimant's claim, unreasonably determined that claimant was ineligible for supplemental disability benefits. We conclude that the board did not err in overturning the penalty based on that conduct; however, the case...

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