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SANTOS v. CARYALL TRANSPORT

(96-01407; CA A99312)

17 P.3d 509 (2000)

171 Or. App. 467

In the Matter of the Compensation of Benjamin G. Santos, Claimant. Benjamin G. SANTOS, Petitioner, v. CARYALL TRANSPORT and SAIF Corporation, Respondents.

Court of Appeals of Oregon, En Banc.

Order filed January 21, 2000.

August 8, 2000.

Decided December 20, 2000.

Attorney(s) appearing for the Case

David L. Runner, Salem, for the motion.

Donald M. Hooton and Merrill Schneider, Portland, contra.

Before DEITS, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER and BREWER, Judges.

Taken En Banc August 8, 2000.

On respondents' Motion for Reconsideration February 4, 2000.

DEITS, C.J.

Employer petitions for reconsideration of our order awarding claimant attorney fees under ORS 656.382(2). We grant the petition, withdraw the order, and deny claimant's request for attorney fees.

Claimant worked as a transport driver for employer. He injured his lower back in 1991 when he slipped and fell on ice in a hospital parking lot....

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