Bradley v. Willamette Electric

Claimant seeks review of a Workers’ Compensation Board order that awarded a penalty against insurer under ORS 656.262(10) for unreasonable claim processing, but declined to assess an attorney fee for the same conduct under ORS 656.382(1). He acknowledges that the unreasonable conduct of which he complains is a single act, not separate acts.

We have held that a single unreasonable act cannot be the basis for both a penalty under ORS 656.262(10)(a) and an award of attorney fees under ORS 656.382(1). Corona v. Pacific Resource Recycling, 125 Or App 47, 50, 865 P2d 407 (1993); Oliver v. Norstar,…