SAIF Corp. v. Batey

SAIF seeks review of a Workers’ Compensation Board order awarding claimant a 25 percent penalty under ORS 656.262(ll)(a), and attorney fees under ORS 656.382(1) (1995) and ORS 656.386(1) (1995). We affirm.

In October 1994, claimant sought treatment for pain in her right wrist and arm. In November 1994, she filed a workers’ compensation claim alleging an injury date of September 28, 1994. SAIF accepted her claim for “overuse syndrome” as nondisabling. In August 1995, claimant requested that SAIF reclassify the claim to disabling on the ground that she had become entitled to temporary disability…