Mercer Industries v. Rose

Mercer Industries seeks review of an order of the Workers’ Compensation Board that assigned responsibility to it for claimant’s condition. Claimant seeks cross-review of the Board’s order that he was not entitled to employer paid attorney fees. We affirm without discussion on the petition1 and reverse on the cross-petition.

Claimant initiated a hearing under former ORS 656.307 to determine whether American Building Maintenance (American) or Mercer was responsible for claimant’s disability. Both employers agreed that claimant was entitled to compensation but disputed which was responsible for…