Cayton v. Safelite Glass Corp., 306 P.3d 726

Claimant petitions for judicial review of board remand order awarding a penalty and reducing insurer‑paid attorney fees.
This court previously ordered appellate fees of $8,236.25 contingent on remand outcome.
On remand, board held there was a penalty under ORS 656.262(11)(a) and awarded $1,500 in penalty‑related attorney fees; denied additional ORS 656.382(1) fees.
Board found no evidence of a refusal to pay; delay in payment was deemed the basis for penalties, not a refusal.
Claimant challenged the fee reduction and sought further attorney fees under ORS 656.382(1) and ORS 656.388(1); board denied.
Court remands for payment of appellate fees consistent with Cayton, and affirms other rulings while noting inadequate factual findings for the fee reduction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to appellate fees on remand	Claimant prevailed on remand and is entitled to appellate fees.	Board limited fees to what statute authorizes; not obligated to grant broader appellate fees.	Claimant awarded $8,236.25 appellate fees.
Reviewability of penalty‑related fees	Board reduced from $8,325 to $1,500 without adequate explanation; review is possible.	Reasonableness of $1,500 is not reviewable due to lack of proper explanation.	Reasonableness not reviewable; inadequate findings require remand for explanation.
entitlement to additional ORS 656.382(1) fees	Prevailing on penalty should trigger fees at all levels under ORS 656.382(1) and 656.388(1).	Penalties and penalties fees are not compensation and do not mandate ORS 656.382(1) fees.	No additional ORS 656.382(1) fees awarded.
Characterization of employer's conduct	Delay plus resistance justifies multiple fee awards.	There was a delay but no refusal; only one basis for penalty exists.	No separate award for both delay and resistance; only penalty under 656.262(11).

Cayton v. Safelite Glass Corp., 231 Or App 644 (Or. App. 2009) (remandable lump-sum timing and remand fee implications)
Schoch v. Leupold & Stevens, 325 Or 112 (Or. 1997) (need adequate findings on fee awards)
Brown v. Argonaut Insurance Co., 93 Or App 588 (Or. App. 1988) (standard for penalties under ORS 656.262(11))
Saxton v. SAIF, 80 Or App 631 (Or. App. 1986) (penalties and attorney fees are not compensation)
Dotson v. Bohemia, Inc., 80 Or App 233 (Or. App. 1986) (fees not awarded for penalties and related fees)
Tri-Met, Inc. v. Wolfe, 192 Or App 556 (Or. App. 2004) (delay can constitute resistance to payment of compensation)