Terlouw v. Jesuit Seminary

Claimant seeks review of a Workers’ Compensation Board order denying her petition for attorney fees. The referee had awarded claimant compensation, and SAIF sought Board review. Before Board consideration, SAIF moved to dismiss its request for review. The Board granted the motion and then denied claimant’s petition for attorney fees.

Claimant contends that attorney fees should have been awarded under ORS 656.382(2),1 because the Board did not reduce or disallow the award. However, the Board dismissed the matter and did not make a decision on the merits. There is, therefore, no authority to…