Liberty Northwest Insurance v. Gordineer

Employer M.O. Nelson & Sons (Nelson) sought judicial review of an order of the Workers’ Compensation Board (Board) that set aside Nelson’s responsibility denial. We affirmed without opinion. Liberty Northwest Insurance Corp. v. Gordineer, 144 Or App 495, 928 P2d 364 (1996). Claimant now petitions for attorney fees on appeal. We allow the petition and award claimant $3,500 in attorney fees.

The facts relevant to our disposition of this petition are taken from the Board’s findings. In January 1979, claimant compensably injured his lower back while working for employer H & B Trucking (H & B). He…