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LIBERTY NORTHWEST INS. CORP. v. SAMEL

03-0038M; A122488.

112 P.3d 414 (2005)

199 Or. App. 540

In the Matter of the Compensation of Sherlee Samel, Claimant. LIBERTY NORTHWEST INSURANCE CORPORATION and Vacation Villages of America, Inc., Petitioners, v. Sherlee SAMEL, Respondent.

Court of Appeals of Oregon.

Decided May 18, 2005.

Attorney(s) appearing for the Case

David O. Wilson argued the cause and filed the briefs for petitioners.

James W. Moller argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

LANDAU, P.J.

Employer petitions for judicial review of an "own motion" order of the Workers' Compensation Board (board) on reconsideration holding that claimant is entitled to an insurer-paid attorney fee under ORS 656.386(1),1 which provides for such an award in cases "involving denied claims" in which the claimant prevails "in a review" by the board. Employer takes the position that, in this...

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