Walker v. Providence Health System Oregon

Under ORS 656.262(11)(a), "[if an] insurer or self-insured employer…unreasonably delays acceptance or denial of a claim [for worker's compensation]…the insurer or self-insured employer shall be liable for an additional amount up to 25 percent of the amounts then due plus any attorney fees assessed under this section."

Claimant sought judicial review of a Workers’ Compensation Board, (Board), order that denied an award of legal fees accrued in the original review by the Board, review before the Court of Appeals, and on remand to the Board. Claimant assigned error to the board’s failure to include attorney's fees in the penalty, issued under ORS 656.262(11)(a). Under ORS 656.262(11)(a), "[if an] insurer or self-insured employer…unreasonably delays acceptance or denial of a claim [for worker's compensation]…the insurer or self-insured employer shall be liable for an additional amount up to 25 percent of the amounts then due plus any attorney fees assessed under this section." The Court held that ORS 656.262(11)(a) allowed the Board to consider Claimant's request because it has authority to evaluate fee requests that abide by its rules and practices. Reversed and remanded.