Opinion
0901227 A144676.
2013-01-9
In the Matter of the Compensation of Terri L. Preston, Claimant. SAIF CORPORATION; and DCI Holdings, Inc., Petitioners, v. Terri L. PRESTON, Respondent.
Workers' Compensation Board. On remand from the Oregon Supreme Court, SAIF Corporation v. Preston, 352 Or. 564, 291 P.3d 736 (2012). David L. Runner, Salem, for petitioners. Matthew L. Roy and Dunn & Roy, Salem, for respondent.
Workers' Compensation Board.
On remand from the Oregon Supreme Court, SAIF Corporation v. Preston, 352 Or. 564, 291 P.3d 736 (2012).
David L. Runner, Salem, for petitioners. Matthew L. Roy and Dunn & Roy, Salem, for respondent.
Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.
PER CURIAM.
Like SAIF v. Haley, 254 Or.App. 410, 296 P.3d 560 (2012), this case is on remand from the Supreme Court. SAIF v. Preston, 352 Or. 564, 291 P.3d 736 (2012). In our earlier decision, 242 Or.App. 571, 256 P.3d 160 (2011), we held that claimant was not entitled to an insurer-paid attorney fee under ORS 656.382(2) (2007) because, although SAIF had at one point challenged her entitlement to permanent partial disability and she ultimately prevailed, she did not prevail at the same hearing that considered SAIF's challenge; rather, she prevailed at a subsequent hearing before the Workers' Compensation Board. We relied on our decision in SAIF v. DeLeon, 241 Or.App. 614, 251 P.3d 794 (2011). The Supreme Court has now reversed that decision, SAIF v. DeLeon, 352 Or. 130, 282 P.3d 800 (2012), and held that the claimant in that case was entitled to insurer-paid attorney fees because she ultimately prevailed after the insurer had challenged her award at an earlier stage—the same circumstances as here. On remand, therefore, we reinstate the Workers' Compensation Board order and the insurer-paid attorney fees that the board awarded. Accord Haley, 254 Or.App. at 411, 296 P.3d 560.
.ORS 656.382(2) (2007) provides, in part:
“If a request for hearing * * * is initiated by an employer or insurer, and the * * * board * * * finds that the compensation awarded to a claimant should not be disallowed or reduced, the employer or insurer shall be required to pay to the claimant or the attorney of the claimant a reasonable attorney fee * * * for legal representation by an attorney for the claimant at and prior to the hearing * * *.”
Affirmed.