SAIF Corp. v. Santos

The issue in this case is one of statutory interpretation. ORS 656.382(2) provides that the Workers’ Compensation Board (the board) shall award a reasonable attorney fee to a claimant if a request for review is initiated by an employer and the board “finds that the compensation awarded to a claimant should not be disallowed or reduced.” The question is whether the legislature intended for the board to award attorney fees under the statute when this court remands for the board to enter an order that affirms the administrative law judge’s (ALJ) prior award. The majority answers the question in…