Opinion
Own Motion No. 14-00071OM Own Motion No. 13-0069M Own Motion No. 13-00069OM
01-14-2015
In the Matter of the Compensation of GARY L. HARWELL, Claimant
Moore Jensen, Claimant Attorneys Sheridan Levine LLP, Defense Attorneys
OWN MOTION ORDER OF DISMISSAL
Moore Jensen, Claimant Attorneys
Sheridan Levine LLP, Defense Attorneys
Reviewing Panel: Members Lanning and Curey.
Claimant requested review of the April 17, 2013 and September 3, 2014 Own Motion Notices of Closure. The parties have submitted a proposed stipulation, which is designed to resolve their dispute.
Specifically, the stipulation provides that claimant shall receive an additional 2 percent (3 degrees) scheduled permanent disability for loss of use or function of his right knee, which equals a total award to date of 28 percent (42 degrees). The parties further agree that claimant's counsel shall receive an "out-of-compensation" fee, payable from this increased scheduled permanent disability award. See OAR 438-015-0080(3); OAR 438-015-0040(1). Finally, the parties stipulate that this agreement resolves "all issues currently raised or raisable," and that claimant's requests for review "shall be dismissed with prejudice."
By this order, we approve the parties' stipulation, thereby fully and finally resolving these Own Motion matters. Accordingly, the requests for review are dismissed with prejudice.
IT IS SO ORDERED.
Entered at Salem, Oregon on January 14, 2015