Liberty Northwest Insurance v. Samel

Employer petitions for judicial review of an “own motion” order of the Workers’ Compensation Board (board) on reconsideration holding that claimant is entitled to an insurer-paid attorney fee under ORS 656.386(1),1 which provides for such an award in cases “involving denied claims” in which the claimant prevails “in a review” by the board. Employer takes the position that, in this own motion case, the board lacks authority to make the award because there was no “denied claim” or, for that matter, “review” by the board. Claimant moves to dismiss the petition on the ground that the board’s…