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VANDEHEY v. PUMILITE GLASS & BLDG. CO.

No. 76-9286; CA 9837.

580 P.2d 1068 (1978)

35 Or.App. 187

In the matter of the Compensation of Clair VANDEHEY, Claimant, Petitioner, v. PUMILITE GLASS & BUILDING COMPANY, Respondent.

Court of Appeals of Oregon.

Decided July 5, 1978.

Attorney(s) appearing for the Case

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

Don G. Swink, Portland, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

In this workers' compensation case, we are faced with a single legal issue: under ORS 656.386, and after claimant has sought a hearing on the existence of a need for further medical evaluation or treatment, may he send a doctor's report supporting his contention to the employer and be entitled to an award of attorney's fees if the report is not treated by the employer as a new claim?

The factual setting of this case is not disputed. Claimant...

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