Oregon Statutes 656.390 – Frivolous appeals, hearing requests or motions; expenses and attorney fee
(1) Notwithstanding ORS § 656.236, if either party requests a hearing before the Hearings Division, requests review of an Administrative Law Judge’s decision before the Workers’ Compensation Board, appeals for review of the claim to the Court of Appeals or to the Supreme Court, or files a motion for reconsideration of the decision of the Court of Appeals or the Supreme Court, and the Administrative Law Judge, board or court finds that the appeal or motion for reconsideration was frivolous or was filed in bad faith or for the purpose of harassment, the Administrative Law Judge, board or court may impose an appropriate sanction upon the attorney who filed the request for hearing, request for review, appeal or motion. The sanction may include an order to pay to the other party the amount of the reasonable expenses incurred by reason of the request for hearing, request for review, appeal or motion, including a reasonable attorney fee.
Terms Used In Oregon Statutes 656.390
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) As used in this section, ‘frivolous’ means the matter is not supported by substantial evidence or the matter is initiated without reasonable prospect of prevailing. [1987 c.884 § 31; 1995 c.332 § 45]
[1965 c.285 § 74; 1967 c.359 § 699; repealed by 1975 c.556 § 25 (656.403 enacted in lieu of 656.401)]
[Renumbered 656.712]
SELF-INSURED AND CARRIER-INSURED EMPLOYERS; INSURERS