Kusch v. Aetna Commercial Insurance

Appellants1 appeal from a judgment in favor of claimant for attorney fees awarded by the trial court pursuant to ORS 656.388(2) after a Worker’s Compensation Board referee had denied claimant’s request.2 In considering claims for attorney fees pursuant to ORS 656.388(2), the circuit court is without authority to determine entitlement to fees under ORS 656.307(5), ORS 656.382(2) or ORS 656.386(1). ORS 656.388(2) gives the court authority only to determine the amount of fees awarded by the Board or referee under ORS 656.386(1). See Davis v. Aetna Casualty Co., 102 Or App 132, 793 P2d 334…