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Saif v. Wright

Oregon Court of Appeals
Nov 21, 1990
104 Or. App. 322 (Or. Ct. App. 1990)

Opinion

WCB TP-88016; CA A51030

On respondent's petition for reconsideration filed October 4, 1990.

Reconsideration allowed, decision ( 102 Or. App. 598, 795 P.2d 604) modified to designate claimant as prevailing party; affirmed as modified November 21, 1990

Judicial Review from Workers' Compensation Board.

David C. Force and Vick Gutzler, Salem, for petition.

Before Richardson, Presiding Judge, and Newman and Deits, Judges.

RICHARDSON, P.J.

Reconsideration allowed; decision modified to designate claimant as prevailing party; affirmed as modified.


Claimant petitions for review of our decision, 102 Or. App. 598, 795 P.2d 604 (1990), and we treat the matter as a petition for reconsideration. ORAP 9.15. Claimant seeks reconsider ation of our designation of SAIF as the prevailing party and our order denying his petition for attorney fees pursuant to ORS 656.390. We allow reconsideration and modify our opinion to designate claimant as the prevailing party. We deny reconsideration of claimant's petition for attorney fees.

We concluded that the Board did not have authority to rule on SAIF's motion, reversed its decision and remanded with instructions to dismiss SAIF's motion. Because the Board's decision was reversed and the case remanded, we designated SAIF as the prevailing party. However, the Board had denied SAIF the relief that it sought, and we concurred in that denial but for a different reason. Consequently, the opinion is modified to delete its last sentence (but not note 2), and the disposition is changed to read:

"Motion to dismiss petition for judicial review denied; motion for attorney fees denied; affirmed."

Claimant is designated as the prevailing party, and costs are allowed to him, payable by SAIF.

Reconsideration allowed; decision modified to designate claimant as prevailing party; affirmed as modified.


Summaries of

Saif v. Wright

Oregon Court of Appeals
Nov 21, 1990
104 Or. App. 322 (Or. Ct. App. 1990)
Case details for

Saif v. Wright

Case Details

Full title:In the Matter of the Compensation of Marvin C. Wright, Claimant. SAIF…

Court:Oregon Court of Appeals

Date published: Nov 21, 1990

Citations

104 Or. App. 322 (Or. Ct. App. 1990)
801 P.2d 848

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