State Accident Insurance Fund Corp. v. Harris
Docket: 50932; CA A27568
Court: Court of Appeals of Oregon; March 27, 1984; Oregon; State Appellate Court
Defendant, who successfully appealed a district court judgment against him, petitions for an award of attorney fees following the reversal of that judgment. The case stems from SAIF's action in district court seeking recovery of funds paid to the defendant for permanent partial disability, which he was later determined not to be entitled to. The district court awarded summary judgment to SAIF, but the appellate court found that the district court lacked jurisdiction over the matter. Under ORS 182.090, if a petitioner prevails against a state agency and the agency is found to have acted without a reasonable basis in fact or law, the court is required to award reasonable attorney fees and expenses to the petitioner. In this instance, the appellate court ruled in favor of the defendant on jurisdictional grounds, implicitly determining that SAIF acted without a reasonable basis. Consequently, the defendant is entitled to a reasonable attorney fee, which the court has determined to be $3,164. The petition for attorney fees is granted, and the amount of $3,164 is awarded.