Dotson v. Bohemia, Inc.
| Decision Date | 02 July 1986 |
| Parties | In the Matter of the Compensation of Harold L. Dotson, Claimant. Harold L. DOTSON, Petitioner, v. BOHEMIA, INC. and SAIF Corporation, Respondents. WCB 83-06463; CA A37168. |
| Court | Oregon Court of Appeals |
James L. Edmunson, Eugene, argued the cause for petitioner. With him on the brief were Evohl F. Malagon and Malagon & Associates, Eugene.
Darrell E. Bewley, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Sol. Gen., Salem.
Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.
Claimant seeks review of an order of the Worker's Compensation Board (Board) which denied his attorney a fee for defending the referee's order after SAIF initiated a review. Claimant filed a claim for a cervical spine condition. Before the hearing, the parties had resolved all issues on the claim except for the amount of the fee claimant's attorney was entitled to recover; that was the only issue presented to the referee. The referee found that $2,000 was a reasonable fee and ordered that SAIF pay that sum to claimant's attorney. SAIF requested that the Board review the order, arguing that the attorney's fee should be reduced. The Board affirmed the referee's order. Claimant's attorney also requested that the Board award him a fee for successfully defending the award of an attorney fee on review. The Board denied his request, and claimant appeals from this order.
Claimant bases his argument on ORS 656.382(2), which provides:
"If a request for hearing, request for review, appeal or cross-appeal to the Court of Appeals or petition for review to the Supreme Court is initiated 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 in an amount set by the referee, board or the court for legal representation by an attorney for the claimant at and prior to the hearing, review on appeal or cross-appeal."
Claimant argues that, because the Board did not disallow or reduce the attorney fee awarded by the referee, his attorney is entitled to recover a fee for his services from SAIF. The issue is whether an attorney fee ordered to be paid by the insurer is an element of "compensation" as the term is used in ORS 656.382(2).
ORS 656.005(9) sets forth the definition of compensation:
" 'Compensation' includes all benefits, including medical services, provided for a compensable injury to a subject worker or the worker's beneficiaries by an...
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