821 P.2d 438
89-25573; CA A68991Oregon Court of Appeals.
Argued and submitted October 18, reversed and remanded for reconsideration of attorney fees; otherwise affirmed December 4, 1991
Judicial Review from Workers’ Compensation Board.
Charles D. Maier and Gatti, Gatti, Maier Associates, Salem, filed the brief for petitioner.
Thomas E. Ewing, Assistant Attorney General, Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Page 126-a
Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.
PER CURIAM
Reversed and remanded for reconsideration of attorney fees; otherwise affirmed.
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PER CURIAM
Claimant seeks review of an order of the Workers’ Compensation Board denying him a penalty and attorney fees for SAIF’s alleged unreasonable denial of his claim for “future” medical benefits. Even if the denial was unreasonable, there is no amount due against which a penalty could be assessed. However, we remand the case to the Board for an award of attorney fees under ORS 656.386(1) for SAIF’s withdrawal of its denial after claimant’s request for hearing had been filed but before the hearing was held. Jones v. OSCI, 108 Or. App. 230, 814 P.2d 558 (1991); Or Laws 1991, ch 312, § 1.
Reversed and remanded for reconsideration of attorney fees; otherwise affirmed.
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