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MATTER OF COMPENSATION OF OHLIG

CA 15985; SC 27224.

633 P.2d 1279 (1981)

291 Or. 586

In the matter of the Compensation of James Ohlig, Claimant. James Ohlig, Petitioner-Cross-Respondent, v. FMC MARINE & RAIL EQUIPMENT DIVISION, Respondent-Cross-Petitioner.

Supreme Court of Oregon.

Decided September 16, 1981.

Attorney(s) appearing for the Case

Burton J. Fallgren, Portland, argued the cause and filed briefs for petitioner-cross-respondent.

Katherine H. O'Neil, Portland, argued the cause for respondent-cross-petitioner. With her on the briefs were Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before DENECKE, C.J., and LENT, LINDE, PETERSON, TANZER and CAMPBELL, JJ.

LENT, Justice.

The issue in this worker's compensation case is whether the Court of Appeals should have allowed a reasonable attorney fee to the claimant's attorney to be paid by the direct responsibility employer under ORS 656.386(1) or if the claimant's attorney fees must be paid from his award of compensation under ORS 656.386(2).

"656.386(1) In all cases involving accidental injuries where a claimant prevails in an appeal to the Court of Appeals from...

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