PARKER v. D.R. JOHNSON LUMBER CO.

WCB 85-10591; CA A45598.

763 P.2d 1194 (1988)

93 Or.App. 675

In the matter of the Compensation of Benny G. PARKER, Claimant. Benny G. Parker, Petitioner, v. D.R. JOHNSON LUMBER CO., Respondent.

Court of Appeals of Oregon.

Decided November 2, 1988.

Reconsideration Denied December 23, 1988.


Attorney(s) appearing for the Case

Dean Heiling, Roseburg, argued the cause for petitioner. With him on the brief was Heiling & Morrison, P.C., Roseburg.

E. Jay Perry, Eugene, argued the cause for respondent. With him on the brief was Employers Defense Counsel, Eugene.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Claimant seeks review of a Workers' Compensation Board order affirming the referee's decision that he is not entitled to penalties and attorney fees. We review pursuant to ORS 183.482(7) and (8) and reverse and remand.

There are four Board orders. We review only the last one, Order IV. On January 15, 1985, pursuant to our decision in Parker v. D.R. Johnson Lumber Co., 70 Or.App. 683,

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