SAIF Corp. v. Santos

Employer seeks review of an order of the Workers’ Compensation Board (the board) on remand after our decision in Santos v. Caryall Transport, 163 Or App 414, 987 P2d 1271 (1999) (Santos I). Specifically, employer assigns error to the board’s award of attorney fees to claimant under ORS 656.382(2). We reverse the challenged award of attorney fees.

The relevant facts are set forth in Santos v. Caryall Transport, 171 Or App 467, 469, 17 P3d 509 (2000), rev den, 332 Or 558 (2001) (Santos II):1

“Claimant worked as a transport driver for employer. He injured his lower back in 1991 when he slipped and…