Opinion
WCB 84-09673; CA A43860; SC S34922
Argued and submitted May 3, 1988
reversed September 20, 1988
In Banc
On review from the Court of Appeals.
Judicial review from an order of the Workers' Compensation Board, 89 Or. App. 178, 747 P.2d 1018 (1988).
James L. Edmunson of Malagon Moore, Eugene, argued the cause for petitioner on review. Karen M. Werner filed the petition for review. With her on the petition was Malagon Moore, Eugene.
Michael Reynolds, Jr., Assistant Attorney General, Salem, argued the cause for respondents on review.
PER CURIAM
The decision of the Court of Appeals allowing costs is reversed.
The issue is whether a 1987 amendment to ORS 656.236 (2) applies to prohibit the award of court costs in this case. The claimant sought judicial review of an order of the Workers' Compensation Board on April 15, 1987. On January 6, 1988, the Court of Appeals decided in favor of the employer and ordered the claimant to pay his employer's court costs.
This case was decided after the effective date of the amendment. Therefore, the amendment applies and the Court of Appeals erred in assessing costs against the claimant. Fromme v. Fred Meyer, Inc., 306 Or. 558, 761 P.2d 515 (1988); Barton v. SAIF, 306 Or. 567, 761 P.2d 518 (1988).
The decision of the Court of Appeals awarding costs to the employer is reversed.