MATTER OF COMPENSATION OF NAVA

A178706.

552 P.3d 119 (2024)

333 Or. App. 196

In the MATTER OF the COMPENSATION OF Luis F. NAVA, Claimant. Luis F. Nava, Petitioner, v. SAIF Corporation and Portland Window Co Inc., Respondents.

Court of Appeals of Oregon.

June 12, 2024.


Attorney(s) appearing for the Case

James S. Coon, Portland, argued the case for petitioner. Also on the briefs was Thomas, Coon, Newton & Frost.

Michelle L. Shaffer argued the cause and filed the brief for respondents.

Theodore P. Heus and Quinn & Heus, LLC, filed the brief amicus curiae for Oregon Trial Lawyers Association.

Before Aoyagi, Presiding Judge, Joyce, Judge, and Jacquot, Judge.


Claimant seeks judicial review of a Workers' Compensation Board order denying a penalty and attorney fee under ORS 656.262(11)(a). ORS 656.262(11)(a) requires an insurer to pay a penalty and attorney fee if, as relevant here, the insurer unreasonably delayed compensation. In this case, claimant argued that SAIF unreasonably delayed...

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