State Accident Insurance Fund Corp. v. Gatti

SAIF appeals from a judgment dismissing its civil action for money had and received. The issue is whether the complaint alleges ultimate facts sufficient to state a claim. ORCP 21A(8). Assuming that the well pleaded facts in SAIF’s complaint are true, Sager v. McClenden, 296 Or 33, 35, 672 P2d 697 (1983), we conclude as a matter of law that SAIF’s complaint fails to state a claim. Therefore, we affirm.

Respondents represented a workers’ compensation claimant before a hearings referee, who found that the claimant was permanently partially disabled and awarded respondents $800 as attorney fees…