Worker's Failure to Timely File Brief in Carrier-Initiated Appeal Didn't Preclude Award of Fees

A unanimous Oregon Court of Appeals this week ruled that a worker was not precluded from receiving an award of fees for the services provided by his attorney to defend an administrative law judge’s finding of compensability. While the board’s precedent has conditioned a worker’s entitlement to a fee award on his commencement of the review process and the timely filing of a review brief, the court said neither of these are prerequisites under Oregon law. The case was In the Matter of the Compensation of Schommer. Craig Schommer worked for AC Schommer & Sons. H...