State ex rel. Benzinger v. Oregon Department of Insurance & Finance

Respondent Department of Insurance and Finance (DIF)1 appeals from an award of attorney fees in a proceeding to compel agency action, ORS 183.490, and a subsequent contempt proceeding. We reverse.

When this case was first before us, we affirmed a judgment that the trial court entered in favor of one of several petitioners under ORCP 67B. Benzinger v. Oregon Dept. of Ins. and Finance, supra n 1. We held that ORS 656.268(6)(a) (since amended by Or Laws 1991, ch 502, § 1), required the Workers’ Compensation Division to process a request for reconsideration of a claim closure within 15 days.

After…