ADAMS v. TRANSAMERICA INS. GROUP

No. 109639; CA 14373.

609 P.2d 834 (1980)

45 Or.App. 769

Harold W. ADAMS, Respondent, v. TRANSAMERICA INSURANCE GROUP, Respondent, and William R. Whitt, Appellant.

Court of Appeals of Oregon.

Decided April 14, 1980.


Attorney(s) appearing for the Case

Richard T. Kropp, Albany, argued the cause for appellant. On the brief were J. David Kryger and Emmons, Kyle, Kropp & Kryger, Albany.

Gary K. Jensen, Eugene, argued the cause and filed the brief for respondent Adams.

Samuel C. Justice, Portland, argued the cause for respondent Transamerican Insurance Group. On the brief were James H. Gidley and Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

Before BUTTLER, P.J., GILLETTE and ROBERTS, JJ., and TONGUE, J. pro tem.


BUTTLER, Presiding Judge.

In this action, an attorney, on his own behalf, seeks a judgment declaring the rights of the parties under a referee's order approving a settlement for $27,500 of a purported "bona fide dispute over compensability of a claim" by a worker under ORS 656.289(4) of the Workers' Compensation Act. The complaint alleged that the "own motion" order made by the Workers' Compensation Board setting aside the settlement, together with its approval by...

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