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EBI COMPANIES v. THOMAS

Nos. 81-07043, 81-07044; A27118.

672 P.2d 1241 (1983)

66 Or.App. 105

In the matter of the Compensation of Eugene Thomas, Claimant. EBI COMPANIES, Petitioner, v. Eugene THOMAS, and Argonaut Insurance Company, Respondents.

Court of Appeals of Oregon.

Decided December 7, 1983.

Attorney(s) appearing for the Case

Deborah S. MacMillan, Portland, argued the cause for petitioner. With her on the brief was Moscato & Meyers, Portland.

No appearance for respondent Eugene Thomas.

Richard Wm. Davis, Portland, waived appearance for respondent Argonaut Ins. Co.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

NEWMAN, Judge.

Petitioner (EBI) seeks review of an order of the Workers' Compensation Board (Board). EBI assigns as error that the Board awarded claimant penalties and attorney fees. We reverse.

Claimant was employed by O.K. Delivery Systems. He suffered a compensable injury to his back on October 31, 1977. At that time EBI insured the employer. Claimant was released to return to his job on February 19, 1979. On March 5, 1981, claimant again injured his back...

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