Barton v. SAIF Corp.

The 1987 legislature enacted an amendment to ORS 656.236(2) that prohibits assessing court costs against workers’ compensation claimants. This case was pending on the effective date of the amendment. The issue is whether the amendment applies. We hold that it does.

Before 1987, employers could recover court costs from workers who unsuccessfully appealed workers’ compensation claims. ORS 20.120; Compton v. Weyerhaeuser, 302 Or 366, 730 P2d 540 (1986). In 1987, the legislature amended ORS 656.236(2) to prohibit charging workers with court costs on judicial review. ORS 656.236(2) now provides:

“Exc…