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SAIF CORPORATION v. E. CONDON

91-00585; CA A74780.

850 P.2d 382 (1993)

119 Or. App. 194

In the Matter of the Compensation of Charles E. Condon, Claimant. SAIF CORPORATION and Gilchrist Timber Company, Petitioners, v. Charles E. CONDON, Respondent.

Court of Appeals of Oregon.

Decided April 14, 1993.

Reconsideration Denied June 2, 1993.

Review Denied June 22, 1993.

Attorney(s) appearing for the Case

Steve Cotton, Sp. Asst. Atty. Gen., Salem, argued the cause for petitioners. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Geoffrey G. Wren, Portland, argued the cause for respondent. With him on the brief was Royce, Swanson & Thomas, Portland.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

SAIF seeks judicial review of a Worker's Compensation Board order awarding attorney's fees under ORS 656.382(1). We reverse.

On November 30, 1989, claimant began treatment for depression resulting from a compensable injury to his lower back. SAIF was notified of the treatment on December 21, 1989. However, SAIF did not issue an acceptance within 90 days of notification. In an August 13, 1990, telephone...

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