Opinion
89-18180; CA A69500
Submitted on respondent's motion for reconsideration filed October 2, 1992
Motion for reconsideration allowed; opinion ( 115 Or. App. 159, 836 P.2d 1359) adhered to as modified; award of attorney fees reversed; otherwise affirmed February 17, 1993 Petitioners' petition for reconsideration denied February 17, 1993 Petition for review denied April 20, 1993 ( 316 Or. 142)
Judicial Review from Workers' Compensation Board.
Glen H. Downs, Portland, for motion.
Jerald P. Keene, Portland, contra.
Before Richardson, Chief Judge, and Deits and Durham, Judges.
DEITS, P.J.
Motion for reconsideration allowed; opinion adhered to as modified; award of attorney fees related to medical services reversed; otherwise affirmed.
Claimant moves for reconsideration of our opinion. 115 Or. App. 159, 836 P.2d 1359 (1992). We allow reconsideration on the issue of attorney fees. We reversed the Board's award of attorney fees for services related to medical services and for services related to claimant's entitlement to temporary total disability. However, as employer agrees, that part of the award of fees based on the temporary total disability dispute was not challenged on review. Accordingly, we modify the disposition to reverse only that portion of the award of attorney fees related to the medical services dispute.
We also note that the designation of employer as the prevailing party does not preclude claimant from seeking attorney fees under ORS 656.382(2).
Motion for reconsideration allowed; opinion adhered to as modified; award of attorney fees related to medical services reversed; otherwise affirmed.