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SAIF v. VARAH

(WCB 97-06270; CA A103050)

981 P.2d 350 (1999)

160 Or. App. 254

In the Matter of the Compensation of Joni M. Varah, Claimant. SAIF CORPORATION and Fairview Training Center, Petitioners, v. Joni M. VARAH, Respondent.

Court of Appeals of Oregon.

Decided April 28, 1999.

Attorney(s) appearing for the Case

Steve Cotton, Special Assistant Attorney General, argued the cause for petitioners. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Dale C. Johnson, Eugene, filed the brief for respondent.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.

HASELTON, J.

Petitioners, an employer and its insurer, seek reversal of an order of the Workers' Compensation Board that awarded claimant assessed attorney fees pursuant to ORS 656.386(1)(a) and (c). They contend that the Board erred in concluding that the original notice of acceptance of claimant's claim was, in fact, a denial and that the insurer's subsequent modification of that notice constituted a "rescission of the denial." ORS 656.386(1)(a). We reverse and...

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