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SAIF v. ALLEN

WCB 91-09837; CA A76538; SC S40951.

881 P.2d 773 (1994)

320 Or. 192

In the Matter of the Compensation of Trina K. Allen, Claimant. SAIF CORPORATION and Rose's Restaurant, Respondents on Review, v. Trina K. ALLEN, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Resubmitted June 3, 1994.

Reassigned September 6, 1994.

Decided September 29, 1994.

Attorney(s) appearing for the Case

Karen Stolzberg, of Goldberg & Mechanic, Portland, argued the cause and filed the petition and reply brief on behalf of petitioner on review. With her on the petition was Donald M. Hooton, of Schneider, Denorch, Hooton & Galaviz-Stoller, Portland.

David L. Runner, Asst. Atty. Gen., Salem, argued the cause for respondents on review. With him on the responses were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Edward J. Harri, of Malagon, Moore, Johnson, Jensen & Correll, Portland, filed a brief on behalf of amicus curiae Oregon Workers' Compensation Attys.

DURHAM, Justice.

This workers' compensation case presents two issues: (1) When the three-judge panel of the Court of Appeals issued a majority opinion, a concurring opinion, and a dissenting opinion, did that court comply with ORS 2.570(4), which requires the "concurrence of two judges * * * to pronounce judgment"? (2) Does ORS 656.386(1), set out below, allow an award of attorney fees when an employer or insurer denies a claim for medical services, but does not deny...

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