Willamette Law Online

Oregon Court of Appeals


Cayton v. Safelite Glass Corp.

Summarized by: 

Date Filed: 09-11-2013
Case #: A148775
HADLOCK, J., for the court; Ortega, P.J.; and Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A148775.pdf

Workers Compensation: Penalties are not considered “compensation” under the Worker’s Compensation Law and therefore cannot be used to award attorney fees under ORS 656.382(1).

Cayton sought review of an order of the Workers’ Compensation Board after he was denied attorney fees.  Cayton argued that the Board erred in not awarding attorney fees under ORS 656.382(1) for “counsel’s services in procuring the penalty under ORS 656.268.” Cayton also argued that Board did not explain the award that Cayton did receive.  ORS. 656.382(1) provides that attorney fees shall be awarded if the insurer refuses to pay compensation due under an order.  The Court concluded that penalties are not “compensation” under the Worker’s Compensation Law.  Therefore, because the statute does not authorize attorney fees, the ALJ had no reason to explain why the award was adequate.  Affirmed.