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IN THE MATTER OF VALENCIA

WCB 90-08942; CA A70324.

829 P.2d 1056 (1992)

113 Or. App. 74

In the Matter of the Compensation of Heriberto Valencia, Claimant. Heriberto VALENCIA, Petitioner, v. BAILEY NURSERIES and St. Paul Fire/Marine, Respondents.

Court of Appeals of Oregon.

Decided May 13, 1992.

Attorney(s) appearing for the Case

Stanley Fields, Salem, argued the cause for petitioner. On the brief were Michael B. Dye and Brad G. Garber, Salem.

Robert R. Trethewy, Salem, argued the cause for respondents. With him on the brief was Garrett, Seideman, Hemann, Robertson, Paulus, Jennings & Comstock, Salem.

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

RIGGS, Judge.

Claimant seeks review of an order of the Workers' Compensation Board denying his request for attorney fees. ORS 656.298. We reverse and remand.

The Board adopted the order of the referee, including these findings made on the basis of stipulated facts submitted by the parties:

"On March 26, 1990, St. Paul issued a denial of chiropractic services for a previously accepted and closed 1988 knee injury. "Claimant requested a hearing...

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