Shearer's Foods v. HoffnagleAnnotate this Case
The Oregon Supreme Court previously denied employer Shearer's Foods' petition for review in this workers’ compensation case, but addressed claimant William Hoffnagle's petition for an award of attorney fees for time that his counsel spent in response to employer’s unsuccessful petition for review. Employer objected that the Supreme Court lacked authority to award fees and also objects to the amount of requested fee. Although the Supreme Court often resolved attorney fee petitions by order rather than written opinion, employer’s objection to the Supreme Court's authority to award fees presented a legal issue that was appropriately resolved by opinion. Employer insisted the Oregon legislature had not authorized an award of fees for work that a claimant’s attorney performs in response to an unsuccessful petition for review; employer did not dispute that, after a series of amendments, ORS 656.386 specified a claimant who prevails against a denial was entitled to an award of attorney fees for work performed at every other stage of the case, including in the Supreme Court, if the Supreme Court addressed the merits of the case. "Employer offers no reason why the legislature would have intentionally created that one carve-out to what is otherwise a comprehensive authorization of fees when a claimant relies on counsel to finally prevail against the denial of a claim. Indeed, such a carve- out would be incompatible with what we have described as 'a broad statement of a legislative policy' reflected in ORS 656.386, 'that prevailing claimants’ attorneys shall receive reasonable compensation for their representation.'" The petition for attorney fees was allowed. Claimant was awarded $2,200 as attorney fees on review.