Peabody v. Saif Corp. (In re Comp. of Peabody)
Peabody v. Saif Corp. (In re Comp. of Peabody)
Opinion of the Court
*705Claimant seeks review of an order on reconsideration of the Workers' Compensation Board (board) awarding attorney fees of $12,500 pursuant to ORS 656.386(1) for services at hearing and on review instead of the $31,000 attorney fee award that claimant had requested. She raises three assignments of error. We reject claimant's first assignment without discussion, writing only to address the second assignment, in which she contends that the board's conclusion "that a reasonable fee for claimant's attorney's services *** is $12,500" lacks substantial evidence and reasoning.
"Orders of the board must be supported by substantial reason." Taylor v. SAIF ,
"an order is supported by substantial reason when it articulates the reasoning that leads from the facts found to the conclusions drawn. The substantial reason requirement exists both for purposes of meaningful judicial review and to ensure that the agency gives responsible attention to its application of the statute. In the specific context of attorney fee awards in workers' compensation cases, the Supreme Court has cautioned that, in order to permit meaningful appellate review, the board cannot simply recite certain factors and then state a conclusion; rather, it must articulate how the application of those factors supports the amount of fees awarded."
*706Here, the board's order states that it "consider[ed] the factors set forth in OAR 438-015-0010(4) and appl[ied] them to this record."
Reversed and remanded.
Our disposition of claimant's second assignment of error obviates the need to address her third assignment.
OAR 438-015-0010(4) lists eight factors that "shall be considered" in any case in which "an Administrative Law Judge or the Board is required to determine a reasonable attorney fee."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.