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BOYER v. ARMSTRONG BUICK, INC.

84-05820 and 84-04491; CA A36881.

726 P.2d 406 (1986)

81 Or. App. 505

In the Matter of the Compensation of Steven G. Boyer, Claimant. Steven G. BOYER, Petitioner, v. ARMSTRONG BUICK, INC., Employer, Comstock Insurance Co., Insurer, Nelson & Nelson Custom Body & Paint, Employer, Argonaut Insurance Co., Insurer, Respondents.

Court of Appeals of Oregon.

Decided October 8, 1986.

Attorney(s) appearing for the Case

Robert D. Herndon, Gladstone, argued the cause for petitioner. With him on the brief was Ringle & Herndon, P.C., Gladstone.

Patric J. Doherty, Portland, argued the cause for respondents Nelson & Nelson Custom Body & Paint and Argonaut Ins. Co. With him on the brief were Ronald W. Atwood and Rankin, McMurry, VavRosky & Doherty, Portland.

John Casey Mills, Portland, waived appearance for respondents Armstrong Buick and Comstock Ins. Co.

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

YOUNG, Judge.

Claimant seeks review of a Workers' Compensation Board order which affirmed a referee's order denying claimant's request for attorney fees. The issue is whether claimant is entitled to attorney fees when the sole issue at the hearing was which employer is responsible for claimant's worsened condition. We affirm.

The relevant facts are not in dispute. Up to November, 1982, claimant had no back difficulties. On November 24, 1982, and January 13...

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