SAIF Corp. v. Preston

Like SAIF v. Haley, 254 Or App 410, 296 P3d 560 (2012), this case is on remand from the Supreme Court. SAIF Corporation v. Preston, 352 Or 564, 291 P3d 736 (2012). In our earlier decision, 242 Or App 571, 256 P3d 160 (2011), we held that claimant was not entitled to an insurer-paid attorney fee under ORS 656.382(2) (2007)1 because, although SAIF had at one point challenged her entitlement to permanent partial disability and she ultimately prevailed, she did not prevail at the same hearing that considered SAIF’s challenge; rather, she prevailed at a subsequent hearing before the Workers’…