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O'LEARY v. VALLEY VIEW CUTTING

88-21172; CA A65401.

810 P.2d 1324 (1991)

107 Or.App. 103

In the matter of the Compensation of Daniel S. O'LEARY, Claimant. Daniel S. O'Leary, Petitioner, v. VALLEY VIEW CUTTING and Saif Corporation, Respondents.

Court of Appeals of Oregon.

Decided May 15, 1991.

Attorney(s) appearing for the Case

James L. Edmunson, Eugene, argued the cause for petitioner. With him on the brief were Dale C. Johnson and Malagon, Moore & Johnson, Eugene.

Ann F. Kelley, Asst. Atty. Gen., Salem, argued the cause for respondents. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

The facts in this workers' compensation case are undisputed. Before claimant filed a request for a hearing, he sent SAIF a request to provide him the claim documents. SAIF sent the documents 22 days later. Claimant sought a penalty and attorney fees for failure to provide discovery within 15 days, as required by former OAR 438-07-015(2). The referee denied his request, and the Board affirmed. Claimant seeks review, and we affirm.

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