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JONES v. OSCI

88-10417; CA A64627.

810 P.2d 1318 (1991)

107 Or.App. 78

In the matter of the Compensation of Duane L. JONES, Claimant. Duane L. Jones, Petitioner, v. OREGON STATE CORRECTIONAL INSTITUTION AND INMATE INJURY FUND, Respondents.

Court of Appeals of Oregon.

Decided May 15, 1991.

Reconsideration Allowed; Opinion With drawn July 24, 1991.

Attorney(s) appearing for the Case

Merrill Schneider, Portland, argued the cause for petitioner. With him on the brief was Merrill Schneider & Associates, Portland.

Thomas E. Ewing, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jerome Lidz, Asst. Atty. Gen., Salem.

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

BUTTLER, Presiding Judge.

Claimant, an injured inmate, seeks review of an order of the Workers' Compensation Board denying his request for insurer-paid attorney fees under ORS 656.386(1) for services rendered before hearing, from the time when the request for hearing was filed to when the Inmate Injury Fund (Fund) withdrew its denial of the claim.

Claimant was injured and filed a claim, which Fund denied. Claimant requested a hearing but, before the case came...

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