Matter of Compensation of Bracke

The issue is whether under ORS 656.382(2) a workers’ 1 compensation claimant is entitled to an award of attorney fees in this court where the employer and its insurer petitioned this court for review of a Court of Appeals’ decision and the compensation to be awarded claimant under that decision was neither disallowed nor reduced by our decision. That statute provides:

“If a request for hearing, request for review or court appeal 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…