SAIF Corp. v. Varah

Petitioners, an employer and its insurer, seek reversal of an order of the Workers’ Compensation Board that awarded claimant assessed attorney fees pursuant to ORS 656.386(1)(a) and (c). They contend that the Board erred in concluding that the original notice of acceptance of claimant’s claim was, in fact, a denial and that the insurer’s subsequent modification of that notice constituted a “rescission of the denial.” ORS 656.386(1)(a). We reverse and remand.

In April 1997, claimant, who was employed as a habilitive training technician, suffered a compensable injury while lifting a client.…