Dean Warren Plumbing & Liberty Northwest Insurance v. Brenner

The majority incorrectly assumes that because the legislature did not mention ORS 656.307 in ORS 656.308 it must have intended a result inconsistent with its overriding intent to limit attorney fees in responsibility cases. However, a permissible interpretation is available which provides consistency between the sections and at the same time adheres to the legislative purpose of limiting attorney fees in responsibility disputes. Because the majority fails to recognize this interpretation, I dissent.

ORS 656.307(5) provides, in part:

*429“The claimant shall be joined in any proceeding under this…