Deaton v. Hunt-Elder

ORS 656.382(2) provides that attorney fees may be awarded to a claimant when an employer initiates a request for review “and the Administrative Law Judge, board or court finds that the compensation awarded to a claimant should not be disallowed or reduced.” The Supreme Court has construed the statute to apply only when review of the matter actually is exercised and there is a decision on the merits that the award *119of compensation should not be disallowed or reduced. We similarly have held that the statute requires a finding on the merits as a predicate to recovery of attorney fees. That did…