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QUEENER v. SAIF CORPORATION/BOHEMIA, INC.

WCB 85-08542, WCB 85-10120, WCB 85-10639 & WCB 85-13873; CA A41210.

747 P.2d 382 (1987)

89 Or.App. 83

In the matter of the Compensation of Mark L. QUEENER, Claimant. Mark L. Queener, Petitioner, v. SAIF CORPORATION/BOHEMIA, INC.; Liberty Northwest/Bohemia, Inc.; Liberty Northwest/Ty Logging; and Liberty Northwest/Nelson & Nelson, Respondents.

Court of Appeals of Oregon.

Decided December 23, 1987.

Reconsideration Denied February 12, 1988.

Attorney(s) appearing for the Case

James L. Edmunson, Eugene, argued the cause for petitioner. With him on the brief was Malagon & Moore, Eugene.

Darrell E. Bewley, Asst. Atty. Gen., Salem, argued the cause for respondent SAIF Corp./Bohemia Inc. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Richard W. Butler, Eugene, waived appearance for respondent Liberty Northwest/Bohemia, Inc.

George W. Goodman, McMinnville, waived appearance for respondent Liberty Northwest/Ty Logging.

Ridgway K. Foley, Jr., P.C., Portland, waived appearance for respondent Liberty Northwest/Nelson & Nelson.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

PER CURIAM.

The sole issue presented by this workers' compensation case is whether claimant is entitled to insurer paid attorney fees for his efforts in obtaining a hearing pursuant to ORS 656.307 to determine the responsible insurer for his work related injury. Although claimant's attorney may be entitled to compensation, we agree with the Workers' Compensation Board that the attorney fees are not the responsibility of the carrier.

Claimant argues that SAIF...

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