Davis v. Aetna Casualty Co.

Aetna appeals from a judgment awarding claimant attorney fees, entered after claimant sought review under ORS 656.388(2)1 of a decision of the Workers’ Compensation Board. Although neither party raises the issue, we reverse the judgment, because the trial court lacked jurisdiction to undertake claimant’s request for review.2 See Lane Education Service Dist. v. Swanson, 71 Or App 328, 334, 692 P2d 622 (1984).

During the time that claimant worked for employer, employer was insured at different times by Aetna Casualty Company, Liberty Northwest and SAIF. After claimant suffered a work-related…