Schwabe v. Workers' Compensation Board

Petitioner seeks review of a Workers’ Compensation Board order denying its request for attorney fees and assigns error to the Board’s allegedly improper and unreasonable retroactive application of its administrative rales. We reverse.

Claimant was injured in September, 1986. Employer denied the claim and claimant requested a hearing, which was held on March 7, 1987. On April 13, the referee issued an opinion and order that upheld the denial, and declined to assess a penalty or attorney fees. On May 1, claimant appealed to the Board. On February 22, 1988, the Board affirmed the referee’s order,…