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SAIF CORP. v. TERRIEN

0508110; A134301.

191 P.3d 735 (2008)

221 Or. App. 671

In the Matter of the Compensation of Gayle M. Terrien, Claimant. SAIF CORPORATION and Lane County School District # 69J, Petitioners, v. Gayle M. TERRIEN, Respondent.

Court of Appeals of Oregon.

Decided August 13, 2008.

Attorney(s) appearing for the Case

Jerome P. Larkin, Special Assistant Attorney General, argued the cause for petitioners. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Christopher D. Moore, Eugene, argued the cause for respondent. With him on the brief was Malagon, Moore & Jensen.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

SERCOMBE, J.

SAIF seeks review of an order of the Workers' Compensation Board (board) that awarded attorney fees to claimant after claimant prevailed on SAIF's challenge to an order of the Department of Consumer and Business Services, Appellate Review Unit (ARU), that rescinded SAIF's notice of closure as premature. We reverse the award.

Claimant was compensably injured in December 2004. SAIF accepted a claim for disabling cervical, thoracolumbar, and left...

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