Foster-Wheeler Constructors, Inc. v. Smith

Employer Foster-Wheeler Constructors and its insurer, Liberty Northwest Insurance Corporation (Foster/ Liberty), seek review of a Workers’ Compensation Board (the Board) decision setting aside Foster/Liberty’s compensability and responsibility denial and of the Board’s refusal to admit certain evidence. Claimant cross-petitions, alleging that the Board erred in restricting attorney fees for the responsibility denial to $1,000 pursuant to ORS 656.308(2)(d). We affirm on the merits and write only to discuss the cross-petition.

The relevant facts show that claimant filed a workers’ compensation…