SAIF CORP. v. DELEON

(WCB 0803173; CA A142932; SC S059509).

282 P.3d 800 (2012)

352 Or. 130

In the Matter of the Compensation of Crystal L. DeLeon, Claimant. SAIF CORPORATION and Oregon Child Development Coalition, Respondents on Review, v. Crystal L. DeLEON, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided June 28, 2012.


Attorney(s) appearing for the Case

Matthew L. Roy , Dunn & Roy, Salem, argued the cause and filed the brief for petitioner on review.

David L. Runner , SAIF Corporation Appellate Counsel, Salem, argued the cause and filed the brief for respondent on review.

James S. Coon , Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.

Before BALMER, Chief Justice, and DURHAM, DE MUNIZ, WALTERS, KISTLER, and LANDAU, Justices.


WALTERS, J.

In this case, we consider the authority of the Workers' Compensation Board (board) to award attorney fees to an injured worker in the circumstance in which the worker's insurer initiated review of an award of benefits to the worker and ultimately was unsuccessful in that effort. We hold that ORS 656.382(2) (2007)1 provides statutory authority for that award, and, for the reasons that follow, we reverse the contrary decision...

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