Saif Corp. v. Allen

I concur fully in the majority’s resolution of the first issue presented in this workers’ compensation case. The Court of Appeals complied with ORS 2.570(4), which requires the “concurrence of two judges * * * to pronounce judgment.”

I dissent, however, from the majority’s abandonment of established principles of statutory construction in its resolution of the second issue. In my view, ORS 656.386(1) does not allow an award of attorney fees when an employer or *223insurer pays medical bills late but does not deny the compen-sability of, or its responsibility for, the claimant’s injury or condition.