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PETERSON v. STATE COMPENSATION DEPARTMENT

477 P.2d 216 (1970)

In the matter of the Compensation of Charles H. PETERSON, Claimant. Charles H. Peterson, Respondent, v. STATE COMPENSATION DEPARTMENT, Appellant.

Supreme Court of Oregon, In Banc.

Decided November 25, 1970.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen.

Robert E. Jones, North Bend, argued the cause and filed a brief for respondent.

McALLISTER, Justice.

This appeal turns on the construction of ORS 656.386,1 providing for the allowance of attorney's fees when a claimant prevails on appeal from the rejection of his claim for compensation. The claimant contends that he was entitled to an attorney's fee when the Workmen's Compensation Board remanded his case to a hearing officer for a hearing to determine whether he was entitled to compensation. The defendant State Compensation...

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