Arvidson v. Liberty Northwest Ins. Corp.

“To constitute a finding that the compensation awarded to the Claimant should not be disallowed or reduced for purposes of [ORS 656.382(2)], such a finding must be made on the merits of the claim.” Timothy L. Williams, 46 Van Natta 2274 (1994)

Upon a hearing request, an administrative law judge (“ALJ”) awarded the Claimant attorney fees and dismissed the hearing because the Insurer failed to meet the time requirement within ORS 656.382(2). In Timothy L. Williams, 46 Van Natta 2274 (1994), the Court explained that “to constitute a finding that the compensation awarded to the claimant should not be disallowed or reduced for purposes of [ORS 656.382(2)], such a finding must be made on the merits of the claim.” The Court analyzed the broad statutory scheme, the development of the statute and how these findings apply to the Oregon workers’ compensation system. The Court determined that the ALJ correctly dismissed the request for the hearing that entitled Claimant to attorney fees under the statute. Thus, the Court held that when a request is dismissed as untimely, it is a decision about the case itself and it establishes that the award will not be modified. Reversed and remanded to the Workers’ Compensation Board for further proceedings.