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OREGON OCCUPATIONAL SAFETY v. DON WHITAKER

SH-91182; CA A74704.

861 P.2d 368 (1993)

123 Or. App. 498

OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION, Respondent, v. DON WHITAKER LOGGING, INC., Petitioner.

Court of Appeals of Oregon.

Decided October 6, 1993.

Reconsideration Denied December 29, 1993.

Attorney(s) appearing for the Case

George W. Goodman, McMinnville, argued the cause for petitioner. With him on the brief were Jerry K. Brown and Cummins, Brown, Goodman, Fish & Peterson, P.C., McMinnville.

Richard D. Wasserman, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

Before DEITS, P.J., and ROSSMAN and RIGGS, JJ.

DEITS, Presiding Judge.

Employer seeks review of an order of the Workers' Compensation Board that denied a request for attorney fees and costs on the ground that the Board lacked authority to make such an award.1 We affirm.

The parties do not dispute the facts. Following a fatality investigation of employer's premises by the Occupational Safety and Health Division (OSHD), employer was issued three citations for violations of the...

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