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WESTFALL v. RUST INTERN.

WCB 88-01147; CA A62442; SC S39025.

840 P.2d 700 (1992)

314 Or. 553

In the Matter of the Compensation of Randy R. Westfall, Claimant. Randy R. WESTFALL, Petitioner (below), David C. Force, Petitioner on Review, v. RUST INTERNATIONAL and Underwriters Adjusting Company, Respondents on Review.

Supreme Court of Oregon, In Banc.

Decided November 5, 1992.

Attorney(s) appearing for the Case

David C. Force, of Vick & Gutzler, Salem, argued the cause and filed the petition in propria persona.

Darren L. Otto, of Scheminske & Lyons, Portland, argued the cause for respondents on review and filed a response.

James L. Edmunson, Eugene, argued the cause and David Gernant, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Ass'n.

GRABER, Justice.

This case involves the interpretation and application of ORS 656.390, a provision of the Workers' Compensation Law providing for the imposition of sanctions against a lawyer who files a frivolous petition for judicial review or motion for reconsideration in connection with a workers' compensation claim.1 We first set out the extensive procedural background of the case.

Claimant filed a petition for judicial review...

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