Opinion

Granby v. Weyerhaeuser Co.

  • 91 Or. App. 711
  • 756 P.2d 75
  • 1988 Ore. App. LEXIS 753
Court
Court of Appeals of Oregon
Filed
Jun 22, 1988
Status
Published
On the bench
Deits, Newman, Richardson
Cited by
0 cases
Authority
More cited than 17.0%

The opinion

PER CURIAM

Claimant seeks review of an order of the Workers’ Compensation Board which reduced attorney fees awarded by the referee. He maintains that the Board lacked jurisdiction to modify the award. The attorney fees question is the sole issue before us on review.

Employer denied claimant’s aggravation claim. The referee set aside the denial, ordered employer to accept the claim and awarded claimant $2,800 attorney fees. ORS 656.386(1). Employer sought review by the Workers’ Compensation Board of the attorney fees award but not the finding of compensability. The Board reduced the award.

In Greenslitt v. City of Lake Oswego, 305 Or 530 , 754 P2d 570 (1988), the Supreme Court held that, when a claimant has finally prevailed on the issue of compensability, disputes concerning the amount of attorney fees pursuant to ORS 656.386(1) must be settled by the circuit court as provided in ORS 656.388(2). Because compensability was not appealed to the Board, it was without authority to modify the attorney fees award. The circuit court was the proper forum.

Reversed; attorney fees award reinstated.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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