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102 Or. App. 516

Hernandez v. SAIF Corp.

Court of Appeals of Oregon

Decided July 18, 1990

Court of Appeals of Oregon · decided 1990-07-18

Applies OR 656 § 656.278

Decided 1990-07-18

PER CURIAM

¶1Claimant petitions for review of an Own Motion order of the Workers’ Compensation Board, assigning error to the Board’s award of attorney fees.1 ORS 656.278(3) provides, in part:

“The claimant has no right to appeal any order or award made by the board on its own motion, except when the order diminishes or terminates a former award.”

¶2The Board’s order increased claimant’s former award of compensation. Therefore, claimant has no right to seek review of the order.

¶3Petition for judicial review dismissed.

¶4 OAR 438-15-080 provides:

“If the Board orders increased compensation for temporary disability, the Board shall approve a fee of 25 percent of the increased compensation, not to exceed $1,050.”

¶5The Board approved “a reasonable attorney fee of 25 percent of the additional compensation awarded by the Board’s order, not to exceed $150.” Claimant assures us that the amount of the fee award was deliberate, not merely a typographical error.

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