Opinion
91-10443; CA A76540
Argued and submitted April 23, 1993.
Reversed as to attorney fees; affirmed as to penalty October 20, 1993. Reconsideration denied January 19, 1994. Petition for review pending 1994.
Judicial Review from Workers' Compensation Board.
David L. Runner, Assistant Attorney General, argued the cause for petitioners. On the brief were Charles S. Crookham, Attorney General, Virginia L. Linder, Solicitor General, and Julie K. Bolt, Special Assistant Attorney General.
Edward J. Harri argued the cause for respondent. With him on the brief was Malagon, Moore, Johnson, Jensen Correll.
Before Rossman, Presiding Judge, and De Muniz and Leeson, Judges.
Reversed as to assessment of attorney fees under ORS 656.386(1). SAIF v. Allen, 124 Or. App. 183, 861 P.2d 1018 (1993). Affirmed as to penalty under ORS 656.262(10).
De Muniz, J., concurring.
Rossman, P.J., dissenting.
I agree with the majority for the reasons stated in my concurrence in SAIF v. Allen, 124 Or. App. 183, 861 P.2d 1018 (1993).
I dissent from the majority's reversal of the award of attorney fees for the reasons expressed in my dissent in SAIF v. Allen, 124 Or. App. 183, 861 P.2d 1018 (1993).