Liberty Northwest Ins. Corp. v. McKellips

The only issue in this workers’ compensation case is claimant’s entitlement to attorney fees. After a hearing, a referee published an order. Employer sought Board review but withdrew its request before the Board considered the case. The Board dismissed the request for review and held:

“The request for an attorney fee is denied. Where an insurer’s or employer’s request for Board review is dismissed prior to a decision on the merits, claimant is not entitled to an attorney fee. Agripac, Inc. v. Kitchel, 73 Or App 132[, 698 P2d 69] (1985) * * (Other citations omitted.)

Claimant appealed the denial…