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STEINER v. E.J. BARTELLS CO.

TP-91002; CA A69593.

833 P.2d 1373 (1992)

114 Or. App. 22

In the Matter of the Compensation of David A. Steiner, Claimant. David A. STEINER, Petitioner, v. E.J. BARTELLS CO. and SAIF Corporation, Respondents.

Court of Appeals of Oregon.

Decided July 8, 1992.

Attorney(s) appearing for the Case

Kevin N. Keaney, Portland, argued the cause for petitioner. With him on the brief were Jeffrey S. Mutnick, Robert K. Udziela and Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

David L. Runner, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

RICHARDSON, Presiding Judge.

Claimant seeks review of an order of the Workers' Compensation Board that he reimburse SAIF from the proceeds of his settlement of a third-party action. The disputed amount is the portion of his permanent partial disability award that was paid directly to his attorney as attorney fees under ORS 656.386(2). Claimant contends that that amount is not part of compensation subject to reimbursement under ORS 656.593(1)(c). We affirm.

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