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SAXTON v. SAIF

WCB 83-10671; CA A36554.

723 P.2d 355 (1986)

80 Or. App. 631

In the Matter of the Compensation of Laurence E. Saxton, Claimant. Laurence E. SAXTON, Petitioner, v. SAIF CORPORATION and BBN Enterprises, Respondents.

Court of Appeals of Oregon.

Decided August 13, 1986.

Reconsideration Denied October 3, 1986.

Review Denied October 28, 1986.

Attorney(s) appearing for the Case

James L. Edmunson, Eugene, argued the cause for petitioner. With him on brief was Malagon & Associates, Eugene.

Jeff Bennett, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and WARDEN, J.

RICHARDSON, Presiding Judge.

The issue in this workers' compensation case is whether claimant, who successfully defended a referee's award of penalties and attorney fees in an insurer's appeal to the Workers' Compensation Board, is entitled to attorney fees under ORS 656.382(2), even though the insurer was successful in persuading the Board to overturn the referee's award of additional temporary total disability and to reduce the award of permanent partial disability...

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