Mercer Industries v. Rose

Petitioner moves for reconsideration of our opinion in Mercer Industries v. Rose, 100 Or App 252, 785 P2d 385 (1990). We held that the Board erred when it refused to award attorney fees to claimant after claimant actively litigated the issue of responsibility. Petitioner argues that claimant is not entitled to an employer-paid attorney fee, because his right to compensation was never in jeopardy.

Claimant’s entitlement to receive compensation was resolved before the hearing when an order of responsibility under former ORS 656.307, 1 was issued. ORS 656.386(1) provides, in pertinent part:

“In…