Hernandez v. SAIF Corp.
Hernandez v. SAIF Corp.
102 Or. App. 516; 794 P.2d 831; 1990 Ore. App. LEXIS 638
Hernandez v. SAIF Corp.
Opinion of the Court
Claimant petitions for review of an Own Motion order of the Workers’ Compensation Board, assigning error to the Board’s award of attorney fees.
“The claimant has no right to appeal any order or award made by the board on its own motion, except when the order diminishes or terminates a former award.”
The Board’s order increased claimant’s former award of compensation. Therefore, claimant has no right to seek review of the order.
Petition for judicial review dismissed.
OAR 438-15-080 provides:
“If the Board orders increased compensation for temporary disability, the Board shall approve a fee of 25 percent of the increased compensation, not to exceed $1,050.”
The Board approved “a reasonable attorney fee of 25 percent of the additional compensation awarded by the Board’s order, not to exceed $150.” Claimant assures us that the amount of the fee award was deliberate, not merely a typographical error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.