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SAIF v. DELEON

0803173; A142932.

251 P.3d 794 (2011)

241 Or. App. 614

In the Matter of the Compensation of Crystal L. DeLeon, Claimant. SAIF CORPORATION and Oregon Child Development Coalition, Petitioners, v. Crystal L. DeLEON, Respondent.

Court of Appeals of Oregon.

Decided March 23, 2011.

Attorney(s) appearing for the Case

David L. Runner , Salem, argued the cause and filed the briefs for petitioners.

Matthew L. Roy , Salem, argued the cause for respondent. With him on the brief was Dunn & Roy.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

SAIF seeks review of an order of the Workers' Compensation Board holding that claimant is entitled to insurer-paid attorney fees under ORS 656.382(2) for services provided at the hearing level, even though claimant did not prevail at that level, because claimant should have prevailed at that level. We agree with SAIF that ORS 656.382(2), as interpreted by this court in Santos v. Caryall Transport, 171 Or.App. 467

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