Galbraith v. L.A. Pottsratz Construction

Claimant seeks review of a denial of an award of attorney fees under ORS 656.386(1). That statute requires an award of attorney fees when an attorney is instrumental in getting an insurer or self-insured employer to rescind a denial of a workers’ compensation claim before an administrative law judge (ALJ) has issued a decision on the claim.1 The Workers’ Compensation Board denied an award of attorney fees to claimant on the ground that the insurer had not denied the claim at issue in this proceeding. We reverse.

The undisputed facts are as follows. In 1992, claimant was injured in a…