SAIF CORP. v. WART

01-00776; A116265.

87 P.3d 1138 (2004)

192 Or. App. 505

In the Matter of the Compensation of Nicholas P. Wart, Claimant. SAIF CORPORATION and P & A Metal Fab, Inc., Petitioners, v. Nicholas P. WART, Respondent.

Court of Appeals of Oregon.

Resubmitted January 16, 2004.

Decided March 24, 2004.


Attorney(s) appearing for the Case

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

No appearance for respondent.

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


Resubmitted En Banc January 16, 2004.

DEITS, C.J.

SAIF Corporation (SAIF) and P & A Metal Fab, Inc., seek judicial review of a Workers' Compensation Board (board) order that awarded claimant attorney fees under ORS 656.386(1) for prevailing over a noncooperation denial—that is, a denial pursuant to former ORS 656.262(15) (2001), renumbered as ORS 656.262(14) (2003).1 On review, SAIF asserts that claimant...

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