Shearer's Foods v. Hoffnagle (In re Hoffnagle), 363 Or. 147

Summary

The Oregon Supreme Court held that a workers’ compensation claimant finally prevails against a denied claim when the court denies the employer’s petition for review. Accordingly, ORS 656.386(1)(a) required an award of reasonable attorney fees for the claimant’s counsel’s work related to the petition for review, including time spent deciding not to file a response and litigating the fee petition. The court awarded $2,200 in attorney fees.

Holdings

1. A claimant finally prevails against the denial of a workers' compensation claim under ORS 656.386(1)(a) when the Supreme Court denies the employer's petition for review, even though the court does not reach the merits.
2. ORS 656.386(1)(a) requires an award of reasonable attorney fees for counsel's work in response to the employer's unsuccessful petition for review. Fees may also be awarded for litigating the amount of the fee award.
3. Hoffnagle was entitled to $2,200 in attorney fees for work in the Oregon Supreme Court.

Questions Presented

1. Whether a workers' compensation claimant finally prevails against a denied claim, within the meaning of ORS 656.386(1)(a), when the Oregon Supreme Court denies the employer's petition for review.
2. Whether ORS 656.386(1)(a) authorizes reasonable attorney fees for work performed in response to an unsuccessful petition for review and for litigating the resulting fee petition.
3. What amount constitutes a reasonable attorney fee for the services performed in the Supreme Court.

Disposition

other