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TRI-MET, INC. v. ODIGHIZUWA

(89-11253, 89-11254; CA A68812).

828 P.2d 468 (1992)

112 Or. App. 159

In the Matter of the Compensation of Peter O. Odighizuwa, Claimant. TRI-MET, INC., Petitioner, v. Peter O. ODIGHIZUWA, Respondent.

Court of Appeals of Oregon.

Decided March 18, 1992.

Attorney(s) appearing for the Case

Jerald P. Keene, Portland, argued the cause for petitioner. With him on the brief was Roberts, Reinisch, Mackenzie, Healey & Wilson, P.C., Portland.

Karen Stolzberg, Portland, argued the cause for respondent. With her on the brief was Goldberg & Mechanic, Portland.

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

EDMONDS, Judge.

Employer seeks review of an order of the Workers' Compensation Board awarding claimant a penalty and attorney fees for an unreasonable denial. ORS 656.262(10); ORS 656.382(1).1 It argues that the Board erred as a matter of law. We reverse.

Claimant, a bus driver, sustained injuries in a collision between the bus that he was driving and a car driven by another employee of...

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