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IN MATTER OF RICKMAN

89-25573; CA A68991.

821 P.2d 438 (1991)

110 Or.App. 126

In the Matter of the Compensation of Darrel K. RICKMAN, Claimant. Darrel K. RICKMAN, Petitioner, v. SAIF CORPORATION and Suregro, Inc., Respondents.

Court of Appeals of Oregon.

Decided December 4, 1991.

Attorney(s) appearing for the Case

Charles D. Maier and Gatti, Gatti, Maier & Associates, Salem, filed the brief, for petitioner.

Thomas E. Ewing, Asst. Atty. Gen., Salem, argued the cause, for respondents.

With him on the brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

PER CURIAM.

Claimant seeks review of an order of the Workers' Compensation Board denying him a penalty and attorney fees for SAIF's alleged unreasonable denial of his claim for "future" medical benefits. Even if the denial was unreasonable, there is no amount due against which a penalty could be assessed. However, we remand the case to the Board for an award of attorney fees under ORS 656.386(1) for SAIF's withdrawal of its denial after claimant's request for hearing...

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