Opinion
91-05626; CA A76029
Submitted on remand from the Oregon Supreme Court January 20, 1995
Affirmed March 22, 1995
Judicial Review from Workers' Compensation Board.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and David L. Runner, Assistant Attorney General, filed the supplemental brief for petitioners.
James L. Edmunson and Malagon, Moore, Johnson Jensen filed the supplemental brief for respondent.
Before Riggs, Presiding Judge, and Richardson, Chief Judge, and Leeson, Judge.
On remand from the Oregon Supreme Court, SAIF v. Atchley, 320 Or. 405, 884 P.2d 867 (1994).
PER CURIAM
Affirmed.
This case is on remand from the Supreme Court for reconsideration. SAIF v. Atchley, 320 Or. 405, 884 P.2d 867 (1994). The Board's order awarded claimant attorney fees for SAIF's late payment of claimant's medical services claim. SAIF concedes that in the light of SAIF v. Allen, 320 Or. 192, 881 P.2d 773 (1994), claimant is entitled to attorney fees under ORS 656.386(1), because its late payment of claimant's medical services claim constituted a de facto denial and the record does not establish that the denial was limited to the amount of compensation due.
Affirmed.