The State Compensation Department argues that the statute intends that in order to qualify for attorney fees, a claimant must prevail before the circuit court, or prevail finally before the administrative agency, on the merits of the compensability of his claim. In Printz v. Compensation Department, 253 Or. 148, 453 P.2d 665 (1969), the State Compensation Department rejected a widow's claim for benefits. Pursuant to her request a hearing was held before a hearing officer.
If the plaintiff finally establishes his right to compensation in the case at bar his attorney will be entitled to a fee for all services rendered in establishing that right, including the services rendered before the board in obtaining a hearing. The Court of Appeals relied on our decision in Printz v. State Compensation Department, 253 Or. 148, 453 P.2d 655 (1969), but we think that reliance was unwarranted. The allowance to the claimant in Printz of an attorney's fee was not assigned as error in this court, was not argued in the briefs, and was not discussed in our opinion.