Argonaut Insurance Company petitioned for reconsideration of the portion of our opinion which affirmed the award of attorney’s fees to claimant. Argonaut contends a proceeding to determine which of two insurance carriers is responsible for an otherwise com-pensable injury pursuant to ORS 656.307 does not involve a denied claim entitling claimant to attorney’s fees under ORS 656.386(1).
We did not intend to hold that in all proceedings under ORS 656.307 that a claimant would be entitled to attorney’s fees relating to participation in the hearing. Claimant, in this case, was required to appear and contest Argonaut’s contention that he was not entitled to compensation because he had not requested a hearing on Argonaut’s denial of compensation. Because he was required to defend his right to receive compensation benefits from Argonaut we hold he is entitled to attorney’s fees paid by Argonaut.
The petition for reconsideration is allowed; we adhere to our decision affirming the award of attorney’s fees on the basis set forth above.
Petition for reconsideration allowed; affirmed as modified.