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GALBRAITH v. L.A. POTTSRATZ CONSTRUCTION

95-03825; CA A91990.

955 P.2d 319 (1998)

152 Or. App. 790

In the Matter of the Compensation of Michael J. Galbraith, Claimant. Michael J. GALBRAITH, Petitioner, v. L.A. POTTSRATZ CONSTRUCTION and SAIF Corporation, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted November 13, 1997.

Decided February 25, 1998.

Attorney(s) appearing for the Case

Ernest M. Jenks, Beaverton, argued the cause and filed the brief for petitioner.

David L. Runner, Salem, argued the cause and filed the brief for respondents.

Resubmitted In Banc November 13, 1997.

ARMSTRONG, Judge.

Claimant seeks review of a denial of an award of attorney fees under ORS 656.386(1). That statute requires an award of attorney fees when an attorney is instrumental in getting an insurer or self-insured employer to rescind a denial of a workers' compensation claim before an Administrative Law Judge (ALJ) has issued a decision on the claim.1 The Workers' Compensation Board...

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