High Court Reverses Santos, Finds Claimant's Atty. Entitled to Fee

A claimant's attorney who lost before an administrative law judge is entitled to fees because he ultimately prevailed on appeal, even though the claimant — not the insurer — initiated the review, the Oregon Supreme Court ruled.The high court said in its unanimous decision that it "respectively disagrees" with rulings in cases known as Santos II and III, in which the Court of Appeals decided that Oregon Revised Statutes Section 656.382(2) authorizes an insurer-paid attorney fee only when the employer sought review at the level of review at which the claimant actually prevails.Ca...