Shearer's Foods v. Hoffnagle

“[A] party entitled to recover attorney fees incurred in litigating the merits of a fee-generating claim also may receive attorney fees incurred in determining the amount of the resulting fee award.” TriMet v. Aizawa, 362 Or 1, 3, 403 P3d 753 (2017).

The Court allowed review to address claimant’s petition for attorney fees incurred during the course of litigation because employer’s objection to this court’s authority to award fees presents a legal issue that is appropriately resolved by opinion. See Strawn v. Farmers Ins. Co., 353 Or 210, 212, 297 P3d 439 (2013). Claimant contended that he is entitled to attorney fees under ORS 656.386(1)(a) because ORS 656.386(1)(a) requires a reasonable award of fees in such a case. Employer argued that ORS 656.386(1)(a) only applies when a claimant prevails over the course of litigation. “[A] party is entitled to recover attorney fees incurred in litigating the merits of a fee-generating claim also may receive attorney fees incurred in determining the amount of the resulting fee award.” TriMet v. Aizawa, 362 Or 1, 3, 403 P3d 753 (2017). The Supreme Court held that claimant was entitled to attorney fees.