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EVANS v. ROOKARD, INC.

WCB 85-01835 and 85-01838; CA A38729.

735 P.2d 662 (1987)

85 Or.App. 213

In the matter of the Compensation of Timothy W. EVANS, Claimant. Timothy W. Evans, Petitioner — Cross-Respondent, v. ROOKARD, INC., and Ebi Companies, Respondents — Cross-Petitioners, Mitchell & Sons Logging and Industrial Indemnity, Respondents — Cross-Respondents.

Court of Appeals of Oregon.

Decided April 22, 1987.

Attorney(s) appearing for the Case

James L. Edmunson, Eugene, argued the cause for petitioner-cross-respondent. With him on the brief was Malagon & Moore, Eugene.

Jerald P. Keene, Portland, argued the cause for respondents-cross-petitioners EBI Companies and Rookard, Inc. With him on the brief was Roberts, Reinisch & Klor, P.C., Portland.

John Snarskis, Portland, argued the cause and filed the brief for respondents-cross-respondents Mitchell & Sons Logging and Industrial Indemnity.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

PER CURIAM.

In this workers' compensation case, claimant seeks review of a Board decision which refused to honor the parties' stipulation that, in the event that EBI was held to be responsible for the claim, it would pay claimant attorney fees of $700 for his attorney's participation at the hearing. EBI cross-petitions, challenging the Board's holding that it, and not Industrial Indemnity, is responsible for the claim.

We affirm on the cross-petition. The...

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