Kimberly Quality Care v. Bowman

Employer seeks review of an order of the Workers’ Compensation Board affirming an order of an administrative law judge (AU) and holding that claimant is entitled to an assessed attorney fee pursuant to ORS 656.386(2) for having obtained a rescission of the denial of a claim for two conditions after the filing of a request for hearing but before the hearing had been held. We conclude that the Board was correct in awarding the fee and affirm.

In January 1993, claimant filed a claim for injuries to her low back and right foot. The medical notes diagnosed right foot and ankle conditions, and made…