Gamble v. Nelson International

Claimant seeks review of an order of the Workers’ Compensation Board, contending that the Board erred in failing to assess attorney fees under ORS 656.386(1) for SAIF’s withdrawal of its “disclaimer of responsibility” before a hearing had been held.

Claimant filed a claim for a back injury and received a “disclaimer of responsibility” from SAIF, pursuant to ORS 656.308(2),1 in which SAIF contended that claimant’s subsequent employer was responsible for the claim. Claimant *93requested a hearing, and shortly before the hearing, SAIF withdrew its disclaimer. The only question on review is whether…