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AGRIPAC, INC. v. KITCHEL

83-01162; CA A34058.

698 P.2d 69 (1985)

73 Or.App. 132

In the matter of the Compensation of Kim B. Kitchel, Claimant. AGRIPAC, INC., Petitioner, v. Kim B. KITCHEL, Respondent.

Court of Appeals of Oregon.

Decided April 10, 1985.

Attorney(s) appearing for the Case

James L. Edmunson, Eugene, and Malagon & Associates, Eugene, for petitioner.

Paul J. DeMuniz and Garrett, Seideman, Hemann, Robertson & DeMuniz, P.C., for respondent.

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

Submitted on Respondent's Petition for Attorney Fees February 5, 1985.

WARDEN, Presiding Judge.

The issue in this case is whether a workers' compensation claimant is entitled to an award of attorney fees for legal services performed in response to an employer's petition for judicial review that is dismissed on the claimant's motion. Claimant relies on ORS 656.382(2):

"If a request for hearing, request for review, appeal or cross-appeal to the Court...

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