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WHITMAN v. INDUSTRIAL INDEMNITY CO.

83-00043, 83-00726; CA A32263.

697 P.2d 999 (1985)

73 Or.App. 73

In the Matter of the Compensation of Ray A. WHITMAN, Claimant. Ray A. Whitman, Petitioner-Cross-Respondent, v. INDUSTRIAL INDEMNITY COMPANY, Respondent-Cross-Petitioner, EBI Companies and Western Concrete Pumping, Respondents-Cross-Respondents.

Court of Appeals of Oregon.

Decided April 3, 1985.

Attorney(s) appearing for the Case

Allen T. Murphy, Jr., Portland, argued the cause for petitioner-cross-respondent. With him on the brief was Richardson & Murphy, Portland.

Scott M. Kelley, Portland, argued the cause for respondent-cross-petitioner. With him on the brief was Cheney & Kelley, P.C., Portland.

Jerald P. Keene, Portland, argued the cause for respondents-cross-respondents. With him on the brief was Roberts, Reinisch & Klor, P.C., Portland.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

Claimant seeks review of a Workers' Compensation Board order that reversed a referee's order that assessed penalties and attorney fees against Industrial Indemnity for an unreasonable delay in accepting his claim. Industrial Indemnity cross-petitions from that part of the Board's order that affirmed the referee's order that claimant had incurred a new injury for which it is the responsible insurer. We review de novo.

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