# SAIF Corp. v. Allen

> Court of Appeals of Oregon · October 20, 1993 · 124 Or. App. 183

URL: https://www.frixlaw.com/law-library/cases/9540630

## Case

- **Full name:** In the Matter of the Compensation of Trina K. Allen, Claimant. SAIF CORPORATION and Rose’s Restaurant, Petitioners, v. Trina K. ALLEN, Respondent
- **Court:** Court of Appeals of Oregon
- **Decided:** October 20, 1993
- **Citations:** 124 Or. App. 183; 861 P.2d 1018; 1993 Ore. App. LEXIS 1748
- **Precedential status:** Published
- **Opinion:** Dissent by Rossman
- **Judges:** Rossman, De Muniz Leeson, Leeson, De Muniz
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Saif Corp. v. Allen, 320 Or. 192 (1994).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9540630

## Opinion text

ROSSMAN, P. J.,
dissenting.
Because the Board and referee got this one right, I dissent. SAIF readily admits that it did not pay all of claimant’s medical bills in a timely fashion. This is definitely not the time for a claimant’s attorney to be slumbering at the *190 switch. It was only after she filed a request for hearing that the bills were finally paid. ORS 656.386(1) plainly provides that a claimant is entitled to insurer-paid attorney fees if the “attorney is instrumental in obtaining compensation.” The Board concluded that claimant’s attorney was instrumental in obtaining compensation, and that conclusion is supported by substantial evidence in the record. Accordingly, we should affirm the Board’s assessment of attorney fees.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9540630. Public record. Not legal advice.