Peterson v. State Compensation Department

This appeal turns on the construction of ORS 656.386, ① providing for the allowance of attorney’s fees when a claimant prevails on appeal from the rejection of his claim for compensation. The claimant contends that he was entitled to an attorney’s fee when the Workmen’s Compensation Board remanded his case to a hearing officer for a hearing to determine whether he was entitled to compensation. The defendant State Compensation Department contends that a claimant is not entitled to an attorney’s fee until he finally establishes his right to compensation.

There is no dispute about the facts.…