Hartvigson v. SAIF

Under ORS 656.308(2)(d), a claimant may receive attorney fees when an employer initially denies responsibility for an injury and then rescinds that denial. Brown v. SAIF, 361 Or 241, 280-81, 391 P3d 773 (2017).

Claimant appealed The Workers’ Compensation Board’s denial of attorney fees. Plaintiff assigned error to the board’s refusal to award attorney fees even though the denial of the claim was proper. On appeal, Claimant argued that Employer’s rescission of their statement of denial allowed Claimant to prevail against Employer’s responsibility denial under ORS 656.308(2)(d). In response, Employer argued that Claimant’s condition had already been accepted under a different name and Employer was under no obligation to update their notice of acceptance. Under ORS 656.308(2)(d), a claimant may receive attorney fees when an employer initially denies responsibility for an injury and then rescinds that denial. Brown v. SAIF, 361 Or 241, 280-81, 391 P3d 773 (2017). The Court of Appeals held that Claimant had prevailed against Employer’s responsibility denial by forcing Employer to rescind their initial denial. Reversed.