FORNEY v. WESTERN STATES PLYWOOD

WCB 80-07538; CA A25760; SC S30476.

686 P.2d 1027 (1984)

297 Or. 628

In the matter of the Compensation of Wilma FORNEY, Claimant. Wilma Forney, Petitioner On Review, v. WESTERN STATES PLYWOOD, Respondent On Review.

Supreme Court of Oregon, In banc.

Decided August 28, 1984.


Attorney(s) appearing for the Case

Evohl F. Malagon, of Malagon & Associates, Eugene, argued the cause and filed the petition for petitioner on review. On the brief was David C. Force, Eugene.

J.P. Graff, of Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, argued the cause for respondent on review and filed the brief.


JONES, Justice.

The issue in this case is whether claimant is entitled to attorney fees when she prevails in her contention that her employer erroneously unilaterally deducted overpayment of earlier compensation from her subsequent workers' compensation award.

Claimant injured her back in 1974. A determination order awarded her 20 percent for unscheduled permanent partial disability. Employer paid this award. That order was later set aside and a new order...

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