Opinion
91-02782; CA A74815
Argued and submitted January 15, 1993.
Affirmed December 8, 1993.
Judicial Review from Workers' Compensation Board.
Kevin Keaney argued the cause for petitioner. With him on the brief was Pozzi, Wilson, Atchison, O'Leary Conboy.
Steve Cotton, Special Assistant Attorney General, argued the cause for respondents. With him on the brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General.
Before Deits, Presiding Judge, and Riggs and Durham, Judges.
PER CURIAM
Affirmed.
Claimant seeks review of a Workers' Compensation Board order that awarded a penalty against insurer under ORS 656.262(10) for unreasonable claim processing, but declined to assess an attorney fee for the same conduct under ORS 656.382(1). He acknowledges that the unreasonable conduct of which he complains is a single act, not separate acts.
We have held that a single unreasonable act cannot be the basis for both a penalty under ORS 656.262(10)(a) and an award of attorney fees under ORS 656.382(1). Corona v. Pacific Resource Recycling, 125 Or. App. 47, 50, 865 P.2d 407 (1993); Oliver v. Norstar, Inc., 116 Or. App. 333, 336, 840 P.2d 1382 (1992); Martinez v. Dallas Nursing Home, 114 Or. App. 453, 836 P.2d 147, rev den 315 Or. 271 (1992). Claimant criticizes that rule, but does not successfully distinguish this case from the authorities cited.
Affirmed.