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McCARTHY v. OREGON FREEZE DRY, INC.

CC 93-0020; CA A87840; SC S43877.

957 P.2d 1200 (1998)

327 Or. 185

Terry B. McCARTHY, Petitioner on Review, v. OREGON FREEZE DRY, INC., an Oregon corporation, Respondent on Review.

Supreme Court of Oregon.

Decided April 23, 1998.

Opinion Clarifying Decision on Reconsideration June 11, 1998.

Attorney(s) appearing for the Case

William G. Wheatley, of Jaqua & Wheatley, P.C., Eugene, argued the cause for petitioner on review. With him on the briefs was Nickolas Facaros, Eugene.

William F. Gary, of Harrang, Long, Gary, Rudnick, P.C., Eugene, argued the cause for respondent on review. With him on the briefs were Judith Giers, Eugene, and Brendan Dunn, Salem.

Stephen L. Brischetto, Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, DURHAM, and KULONGOSKI, JJ.

DURHAM, Justice.

The issue in this proceeding is whether the Court of Appeals erred in awarding attorney fees on appeal to defendant. Because the order awarding attorney fees lacks necessary findings to explain the legal and factual basis for the award, we vacate the order and remand the case to the Court of Appeals for further proceedings.

Plaintiff worked for defendant as a forklift operator. In August 1991, plaintiff filed a claim for workers' compensation...

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