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WELLS v. CARLSON

83-1404; CA A31828.

717 P.2d 640 (1986)

78 Or.App. 536

Lester L. WELLS, Respondent-Cross-Appellant, v. Chase E. CARLSON, Dba Leisure Logging Company, Appellant-Cross-Respondent, Carl Greenland, Dba Leisure Logging Company, Defendant.

Court of Appeals of Oregon.

Decided April 16, 1986.

Attorney(s) appearing for the Case

Thomas C. Thetford, Eugene, argued the cause for appellant — cross-respondent. With him on the briefs was Armstrong, McCullen, Percy & Philpott, P.C., Eugene.

Douglas A. Haldane, Eugene, argued the cause for respondent — cross-appellant. On the brief was Brent G. Summers, Portland.

Before RICHARDSON, P.J., JOSEPH, C.J., and WARDEN, J.

WARDEN, Judge.

Defendant Carlson1 appeals from a judgment awarding plaintiff $928.20 as unpaid wages and $2,609.41 as attorney fees. Plaintiff cross-appeals, arguing that the trial court erred in not awarding him $4,284 as a civil penalty under ORS 652.150 for defendant's wilful failure to pay wages.

Plaintiff worked for defendant as a timber faller or "cutter" during the summer of 1982. He worked with a group of three to five...

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