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BRADLEY v. WILLAMETTE ELECTRIC

91-02782; CA A74815.

864 P.2d 879 (1993)

125 Or. App. 280

In the Matter of the Compensation of Donald J. Bradley, Claimant. Donald J. BRADLEY, Petitioner, v. WILLAMETTE ELECTRIC and SAIF Corporation, Respondents.

Court of Appeals of Oregon.

Decided December 8, 1993.

Attorney(s) appearing for the Case

Kevin Keaney, Portland, argued the cause for petitioner. With him on the brief was Pozzi, Wilson, Atchison, O'Leary & Conboy.

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

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

PER CURIAM.

Claimant seeks review of a Workers' Compensation Board order that awarded a penalty against insurer under ORS 656.262(10) for unreasonable claim processing, but declined to assess an attorney fee for the same conduct under ORS 656.382(1). He acknowledges that the unreasonable conduct of which he complains is a single act, not separate acts.

We have held that a single unreasonable act cannot be the basis for both a penalty under ORS 656.262(10)...

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