LIBERTY NORTHWEST INS. v. WATKINS

0500147H; A134305.

198 P.3d 960 (2008)

224 Or. App. 599

LIBERTY NORTHWEST INSURANCE Corporation, Inc., and Western Cedar, Inc., Petitioners, v. John L. WATKINS and Department of Consumer and Business Services, Respondents.

Court of Appeals of Oregon.

Decided December 24, 2008.


Attorney(s) appearing for the Case

David O. Wilson argued the cause and filed the briefs for petitioners.

R. Adian Martin, Portland, argued the cause for respondent John L. Watkins. On the brief was Michael A. Gilbertson.

Judy C. Lucas, Senior Assistant Attorney General, argued the cause for respondent Department of Consumer and Business Services. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.


WOLLHEIM, J.

In this workers' compensation case, insurer petitions for review of a final order by the Director of the Department of Consumer and Business Services (DCBS) upholding the awarding of attorney fees against insurer. The award of attorney fees stems from proceedings to resolve a medical services dispute following the entry of a claim disposition agreement (CDA). We review for errors of law, ORS 656.298(7) and ORS 183.482(8), and reverse and remand.

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