National Farmers' Union Insurance v. Scofield

This workers’ compensation case is now before us on a petition for allowance of costs. In our opinion on the merits (54 Or App 804, 636 P2d 970 (1981), former opinion adhered to as modified, 55 Or App 820, 639 P2d 718 (1982), we expressly determined that National Farmers’ Union Insurance was the prevailing party and that costs should be assessed against Employers Insurance of Wausau. Scofield, claimant and one of the original respondents, now seeks his costs and an attorney fee.

Ordinarily, a proceeding to determine which of two or more insurance carriers is responsible for an otherwise…