Gamble v. Nelson International

Because SAIF sought to assert that an out-of-state employer was responsible for claimant’s injury, SAIF’s “disclaimer of responsibility” was, for all practical purposes, a denial of the claim, and I would hold that it triggered claimant’s right to seek a hearing pursuant to ORS 656.319. Because claimant’s only chance for compensation was from SAIF, when SAIF withdrew its disclaimer of responsibility, claimant prevailed. Claimant’s attorney was instrumental in securing the withdrawal of SAIF’s disclaimer of responsibility and in obtaining compensation for claimant, and I would hold that…