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JOHNSON v. STATE ACCIDENT INSURANCE FUND

510 P.2d 572 (1973)

In the matter of the Compensation of Donald R. JOHNSON, Claimant. Donald R. Johnson, Respondent, v. STATE ACCIDENT INSURANCE FUND, Appellant.

Court of Appeals of Oregon.

Decided May 31, 1973.

Rehearing Denied June 14, 1973.

Review Granted September 5, 1973.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen. and John W. Osburn, Sol. Gen., Salem.

Raymond J. Conboy, Portland, argued the cause for respondent. With him on the brief were Pozzi, Wilson & Atchison, and Dan O'Leary, Portland.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

FORT, Judge.

This is an appeal by the State Accident Insurance Fund contesting the awarding of attorney fees to a claimant who received an award under the Inmate Injury Law (ORS 655.505 to 655.550). Procedurally, the claim was initially rejected by the Fund. On appeal the hearing officer again rejected the claim. The Board on review granted the claim and awarded attorney fees; SAIF then appealed to the circuit court, which affirmed the Board's order and also awarded...

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