Opinion

Larson v. Brooks-Scanlon

  • 57 Or. App. 561
  • 647 P.2d 934
  • 1982 Ore. App. LEXIS 3485
Court
Court of Appeals of Oregon
Filed
May 26, 1982
Status
Published
On the bench
Thornton, Young
Cited by
0 cases
Authority
More cited than 16.9%

The opinion

PER CURIAM

Claimant seeks reconsideration of his petition for attorney fees and the award made by this court after we reversed the Workers’ Compensation Board’s denial of his claim for aggravation of a 1975 injury. Larson v. Brooks-Scanlon, 54 Or App 861 , 636 P2d 984 (1981), rev den 202 Or 591 (1982).

ORS 656.386(1) provides, in pertinent part:

“In all cases involving accidental injuries where a claimant prevails in an appeal to the Court of Appeals from a board order denying the claim for compensation, the court shall allow a reasonable attorney fee to the claimant’s attorney.”

Claimant alleges in his petition for reconsideration that the reasonable fee allowable includes fees for legal services rendered at the referee and Board levels as well as a fee for representation in the Court of Appeals. We agree. Hubble v. SAIF, 56 Or App 154 , 641 P2d 593 (1982).

We reconsider our former allowance of attorney fees and find a reasonable fee for legal services provided by claimant’s attorneys in the hearing, Board and appeal proceedings to be $2,750. We allow that sum, less any sums already paid pursuant to our prior orders, to be paid by respondent to claimant’s attorneys.

Reconsideration of petition allowed; attorney fee of $2,750, less any sums already paid, allowed to claimant’s attorneys.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.