From Casetext: Smarter Legal Research

Terlouw v. Jesuit Seminary

Oregon Court of Appeals
Aug 28, 1990
790 P.2d 1215 (Or. Ct. App. 1990)

Opinion

WCB 87-03443; CA A61558

Argued and submitted January 5, 1990

Affirmed May 2, 1990 Reconsideration denied July 25, 1990 Petition for review denied August 28, 1990

Judicial Review from Workers' Compensation Board.

Robert Wollheim, Portland, argued the cause for petitioner. With him on the brief was Welch, Bruun and Green, Portland.

David L. Runner, Assistant Attorney General, Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Richardson, Presiding Judge, and Newman and Deits, Judges.


PER CURIAM

Affirmed.


Claimant seeks review of a Workers' Compensation Board order denying her petition for attorney fees. The referee had awarded claimant compensation, and SAIF sought Board review. Before Board consideration, SAIF moved to dismiss its request for review. The Board granted the motion and then denied claimant's petition for attorney fees.

Claimant contends that attorney fees should have been awarded under ORS 656.382 (2), because the Board did not reduce or disallow the award. However, the Board dismissed the matter and did not make a decision on the merits. There is, therefore, no authority to award attorney fees under ORS 656.382 (2). Liberty Northwest Ins. Corp. v. McKellips, 100 Or. App. 549, 550, 786 P.2d 1321 (1990); Agripac, Inc. v. Kitchel, 73 Or. App. 132, 698 P.2d 69 (1985).

ORS 656.382 (2) provides, in pertinent part:

"If a request for hearing, request for review, is * * * initiatied by an employer or insurer, and the referee, board or court finds that the compensation awarded to a claimant should not be disallowed or reduced, the employer or insurer shall be required to pay to the claimant or the attorney of the claimant a reasonable attorney fee * * *." (Emphasis supplied.)

Affirmed.


Summaries of

Terlouw v. Jesuit Seminary

Oregon Court of Appeals
Aug 28, 1990
790 P.2d 1215 (Or. Ct. App. 1990)
Case details for

Terlouw v. Jesuit Seminary

Case Details

Full title:In the Matter of the Compensation of Vera C. Terlouw, Claimant. TERLOUW…

Court:Oregon Court of Appeals

Date published: Aug 28, 1990

Citations

790 P.2d 1215 (Or. Ct. App. 1990)
790 P.2d 1215

Citing Cases

Deaton v. Hunt-Elder

A stipulated settlement order signed by an ALJ signifies not only that the agreement has resolved contested…

Wise v. Gary-Adams-Trucking

We express no opinion about whether ORS 656.382 (2) authorizes attorney fees for a claimant for participation…