Grazin v. Rockford Corp.

Claimant settled his workers’ compensation claim, in part, through a claim disposition agreement (CDA) under ORS 656.236(1)(a). When the insurer, Liberty Northwest, delayed payment of compensation under the CDA, claimant sought attorney fees and penalties under ORS 656.262(11)(a). The Director of the Department of Consumer and Business Services ultimately denied claimant’s request, concluding that, under ORS 656.236(1)(a), claimant waived his right to attorney fees and penalties because he did not expressly reserve that right in the CDA.1

On judicial review of the director’s final order,…