Cite as Rusell L. Minton, 10 CCHR 196 (2005)
196
In the ORS 656.385 Attorney Fee Dispute of
RUSELL L. MINTON, Claimant
Contested Case No: H04-204
PROPOSED AND FINAL ORDER
June 3, 2005
RUSELL L. MINTON, Petitioner
GOODWILL INDUSTRIES, Respondent
Before Catherine P. Coburn, Administrative Law Judge, Administrative Hearings
HISTORY OF THE CASE
Claimant appeals the Administrative Order issued on December 17, 2004 by the Medical
Review Unit (MRU) of the Workers’ Compensation Division (WCD), Department of Consumer
and Business Services (department or director). On January 13, 2005, the department referred
the matter to the Office of Administrative Hearings (OAH). A hearing was set for March 8,
2005 before Administrative Law Judge Catherine P. Coburn and the parties agreed to submit
written argument in lieu of appearances. The record closed on May 4, 2005 following receipt of
claimant’s reply brief. Attorney Christopher D. Moore represented petitioner Russell L. Minton
(claimant). Attorney Steven T. Maher represented respondent Goodwill Industries and
Cambridge Integrated Services, Incorporated (insurer).
ISSUE
Whether an attorney fee is due pursuant to ORS 656.385
EVIDENTIARY RULINGS
WCD Exhibits 1 through 23 were admitted into the record without objection.
FINDINGS OF FACT
(1) On August 14, 2002, claimant suffered a compensable injury when a boat ramp fell
on his left foot. (Exs. 1 and 2.) Insurer accepted “left foot homologous lisfranc fracture
dislocation.” (Ex. 3.)
(2) Claimant’s right foot is size 9D and, as a result of the work injury, the left foot is size
9½ EEEEE. (Ex. 14-1.) On July 7, 2003, Donald C. Jones, MD, stated, “Relative to the shoe
modification, I am certainly in concurrence that a Birkenstock shoe which accommodates his
foot and supports his arch is reasonable. *** At the price of $185, I believe a pair of shoes that
are comfortable for him is very reasonable.” (Ex. 6.) On July 8, 2004, Dr. Jones prescribed one
pair