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SHUPE v. STATE COMPENSATION DEPARTMENT

248 Or. 129 (1967)

432 P.2d 793

SHUPE, Appellant, v. STATE COMPENSATION DEPARTMENT, Respondent.

Supreme Court of Oregon.

Remanded with instructions October 18, 1967.

Attorney(s) appearing for the Case

William A. Babcock, Springfield, argued the cause for appellant. On the brief were D.R. Dimick and A.C. Roll, Roseburg, and Babcock & Ackerman, Springfield.

Robert Y. Thornton, Attorney General, Wallace Carpenter, Assistant Attorney General, and Donald J. Howe, Assistant Attorney General, Salem, filed a brief for respondent.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

REMANDED WITH INSTRUCTIONS.

McALLISTER, J.

The sole question on this appeal is whether the circuit court must allow an attorney's fee to a claimant whose award of compensation is affirmed by the court on an appeal initiated by the State Compensation Department.

It appears from the record that the claimant Shupe was injured on February 8, 1966, while working for an employer insured through the State Compensation Department, hereinafter called the department...

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