Agripac, Inc. v. Kitchel

The issue in this case is whether a workers’ compensation claimant is entitled to an award of attorney fees for legal services performed in response to an employer’s petition for judicial review that is dismissed on the claimant’s motion. Claimant relies on ORS 656.382(2):

“If a request for hearing, request for review, appeal or cross-appeal to the Court of Appeals or petition for review to the Supreme Court is initiated by an employer or insurer, and the referee, board or court finds that the compensation awarded to a claimant should not be disallowed or reduced, the employer or insurer shall…