O'NEAL v. Tewell

Claimant seeks review of an order of the Workers’ Compensation Board, contending that the Board erred in failing to assess a penalty under ORS 656.262(10) for SAIF’s delay in the payment of compensation for temporary disability, and attorney fees under either ORS 656.386(1) or ORS 656.386(2).

The parties have stipulated to the material facts. On July 19,1991, claimant left work due to a compensable injury. Her employer was non-complying and, on August 21, 1991, the Compliance Division referred the case to SAIF for processing. At that time, the Compliance Division’s investigation had revealed…