State Accident Insurance Fund Corp. v. Bond

After insurer appealed the decision of the Workers’ Compensation Board in this case, insurer failed timely to file a brief. Thereafter, on insurer’s motion, we dismissed the appeal. Claimant seeks award of an attorney fee for his attorney’s services before the appeal was dismissed.

Insurer contends that attorney fees are not authorized because in an insurer-initiated appeal claimant is entitled to fees only when the fact-finder finds that the compensation should not be disallowed or reduced. ORS 656.382(2). Insurer argues that because the appeal was dismissed, this court made no finding to…