Dancingbear v. SAIF

ORS 656.383(1) provides that a workers compensation claimant’s attorney is entitled to a fee award if the attorney “is instrumental in obtaining temporary disability compensation benefits [under ORS 656.268].

Petitioner sought review of the Workers Compensation Board’s (WCB) reversal of the Administrative Law Judge’s finding that Petitioner’s attorney was entitled to a fee award. Petitioner assigned error to the WCB’s ruling that ORS 656.383(1) did not apply. On review, Petitioner argued that the WCB incorrectly interpreted the statute. In response, Respondent argued that Petitioner’s attorney was not entitled to fees because counsel did not “obtain” any benefits for Petitioner as the benefits were ultimately suspended. ORS 656.383(1) provides that a workers compensation claimant’s attorney is entitled to a fee award if the attorney “is instrumental in obtaining temporary disability compensation benefits [under ORS 656.268].” The Court held that the congressional intent of the statute was to include benefits granted on reconsideration. Moreover, the Court reasoned that Petitioner’s attorney was “instrumental in obtaining” Petitioner’s benefits because the attorney applied for reconsideration which resulted in additional benefits. This type of action fell within the meaning of “obtain,” thus, the Court held that Petitioner’s attorney was entitled to fees under ORS 656.268 because his action in the case resulted in additional benefits for Petitioner. Reversed and remanded.