SAIF Corp. v. Condon

SAIF seeks judicial review of a Workers’ Compensation Board order awarding attorney’s fees under ORS 656.382(1). We reverse.

On November 30, 1989, claimant began treatment for depression resulting from a compensable injury to his lower back. SAIF was notified of the treatment on December 21, 1989. However, SAIF did not issue an acceptance within 90 days of notification. In an August 13, 1990, telephone conversation, SAIF advised claimant’s psychiatrist that psychiatric treatment was a part of the accepted low back claim. SAIF paid all the bills for that treatment.

Claimant requested a hearing,…