SAIF v. CURRY

WCB 81-021, CA A27159, SC S30183.

686 P.2d 363 (1984)

297 Or. 504

IN THE MATTER OF THE COMPENSATION OF HAROLD CURRY, Claimant. State Accident Insurance Fund Corporation, Respondent On Reconsideration/Petitioner On Review, v. Harold CURRY, Petitioner On Reconsideration/Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided August 8, 1984.


Attorney(s) appearing for the Case

J. Michael Alexander, Burt, Swanson, Lathen, Alexander & McCann, Salem, for petitioner on reconsideration/respondent on review.

Donna Parton Garaventa, Asst. Atty. Gen., Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem, for respondent on reconsideration/petitioner on review.

James S. Coon, Welch, Bruun & Green, Portland, filed a brief amicus curiae for Oregon Workers' Compensation Attorneys.

Allan M. Muir, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, filed a brief amicus curiae for Ass'n of Workers' Compensation Defense Attorneys. With him on the brief were Roger A. Luedtke and Ridgway K. Foley, Jr., P.C., Portland.


LENT, Justice.

The issue is whether under ORS 656.382(2) a workers' compensation claimant is entitled to an award of attorney fees for work done in response to an insurer's petition for review which is ultimately denied. The legal services which generated this claim for fees arose from our request that claimant's attorney prepare a response to SAIF's petition for review of a Court of Appeals decision.1

The statute in question,...

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