Bowman v. Esam, Inc.

Claimant seeks review of an order of the Workers’ Compensation Board, contending that the Board erred in reversing an award of attorney fees made by the administrative law judge (ALJ) pursuant to ORS 656.382(2). SAIF cross-petitions, contending that the Board erred in holding that it was barred from asserting its entitlement to an overpayment of temporary total disability (TTD). We reverse the Board on the petition and affirm the Board on the cross-petition.

Claimant filed a claim for a bilateral arm condition, which SAIF accepted. The 801 form erroneously listed claimant’s wage rate as $8.00…