SAIF Corp. v. DeLeon

SAIF seeks review of an order of the Workers’ Compensation Board holding that claimant is entitled to insurer-paid attorney fees under ORS 656.382(2) for services provided at the hearing level, even though claimant did not prevail at that level, because claimant should have prevailed at that level. We agree with SAIF that ORS 656.382(2), as interpreted by this court in Santos v. Caryall Transport, 171 Or App 467, 469, 17 P3d 509 (2000), rev den, 332 Or 558 (2001) (Santos II), and SAIF v. Santos, 194 Or App 289, 293, 94 P3d 906 (2004) (Santos III), does not authorize an insurer-paid attorney…