JOHNSON v. STATE ACCIDENT INSURANCE FUND


516 P.2d 1289 (1973)

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

Supreme Court of Oregon, In Banc.

Decided December 13, 1973.


Attorney(s) appearing for the Case

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

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


O'CONNELL, Chief Justice.

The question presented in this petition for review is whether the Injured Inmates Act (ORS 655.505 to 655.550) authorizes an award of attorney's fees in proceedings before the State Accident Insurance Fund board and the circuit court in those cases where the claimant ultimately prevails. Both the board and the circuit court held for petitioner on the merits and awarded attorney's fees. The Court of Appeals held that attorney's fees are not...

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