SAIF Corp. v. Allen

*185LEESON, J.

SAIF and Rose’s Restaurant seek review of an order of the Workers’ Compensation Board determining that claimant is entitled to attorney fees under ORS 656.386(1) for having prevailed on the question of entitlement to compensation for medical bills related to a compensable claim. We conclude that the Board erred in assessing attorney fees, and reverse in part.

Claimant sustained a compensable back injury in 1988 while working as a waitress for Nendel’s. In 1989, she sustained another back injury while working for Rose’s Restaurant, SAIF’s insured. The insurers agreed that the injury…