MARTINEZ v. DALLAS NURSING HOME

WCB 90-12293; CA A70827.

836 P.2d 147 (1992)

114 Or. App. 453

In the Matter of the Compensation of Nicolasa Martinez, Claimant. Nicolasa MARTINEZ, Petitioner, v. DALLAS NURSING HOME, Respondent.

Court of Appeals of Oregon.

Decided August 5, 1992.

Reconsideration Denied October 28, 1992.


Attorney(s) appearing for the Case

Brad G. Garber, Salem, argued the cause for petitioner. With him on the brief was Michael B. Dye, Salem.

Darren L. Otto, Portland, argued the cause for respondent. With him on the brief was Scheminske & Lyons, Portland.

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


RICHARDSON, Presiding Judge.

Claimant petitions for review of a Workers' Compensation Board order that denied her an attorney fee paid by employer under ORS 656.382(1). She argues that the Board incorrectly interpreted ORS 656.262(10) to preclude a separate award of attorney fees. We affirm.

The parties accept the findings of the Board:

"On April 4, 1990, the Board affirmed and adopted a Referee's December 5, 1988 order that set aside the employer...

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