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O'NEAL v. TEWELL

91-12978; CA A76809.

850 P.2d 1144 (1993)

119 Or. App. 329

In the Matter of the Compensation of Nancy E. O'Neal, Claimant. Nancy E. O'NEAL, Petitioner, v. Robert TEWELL and SAIF Corporation, Respondents.

Court of Appeals of Oregon.

Decided April 21, 1993.

Attorney(s) appearing for the Case

Charles D. Maier and Gatti, Gatti, Maier, Jackson & LeDoux, Salem, filed the brief for petitioner.

Steven Cotton, Sp. Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

Claimant seeks review of an order of the Workers' Compensation Board, contending that the Board erred in failing to assess a penalty under ORS 656.262(10) for SAIF's delay in the payment of compensation for temporary disability, and attorney fees under either ORS 656.386(1) or ORS 656.386(2).

The parties have stipulated to the material facts. On July 19, 1991, claimant left work due to a compensable injury. Her employer was non-complying...

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