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LARSEN v. OSMOSE WOOD PRESERVING

WCB 85-15043, CA A42397, SC S34792.

762 P.2d 289 (1988)

306 Or. 563

In the matter of the Compensation of Richard C. LARSEN, Claimant. Richard C. Larsen, Petitioner On Review, v. OSMOSE WOOD PRESERVING and Cigna Insurance Company, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided September 20, 1988.

Attorney(s) appearing for the Case

James L. Edmunson, Eugene, argued the cause and filed the petition for review. With him on the petition were Karen M. Werner and Malagon & Moore, Eugene.

Ridgway K. Foley, Jr., P.C., Portland, argued the cause and filed a response to the petition for review. With him on the response was Schwabe, Williamson & Wyatt, Portland.

CAMPBELL, Justice.

A 1987 amendment to ORS 656.236(2) prohibits charging workers' compensation claimants with court costs on judicial review. The issue is whether the amendment applies in this case, where the Court of Appeals decided the merits of the claim before the effective date of the amendment. We hold that the amendment does not apply and affirm the Court of Appeals' order allowing costs.

Before the legislature amended ORS 656.236(2), the court had...

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