LeFave v. SAIF Corp.

Claimant seeks judicial review of an order of the Workers’ Compensation Board that reversed an award of attorney fees to claimant. The board reasoned that a letter from SAIF to claimant that neither accepted nor denied his new medical condition did not result in a “denied claim” for purposes of the attorney fee statute, ORS 656.386(l)(b) (1997), amended by Or Laws 2001, ch 865, § 9. While this case was pending on appeal, this court decided Rose v. SAIF, 200 Or App 654, 116 P3d 913 (2005), and held that an “encompassed condition letter” is not a sufficient response to a claimant’s new medical…