Opinion
16-86-01375; CA A40376
Argued and submitted May 26, 1987
Affirmed on appeal and on cross-appeal November 25, 1987
Appeal from Circuit Court, Lane County.
James R. Hargreaves, Judge.
Paul J. De Muniz, Salem, argued the cause for appellant — cross-respondent. With him on the briefs was Garrett, Seideman, Hemann, Robertson De Muniz, P.C., Salem.
James L. Edmunson, Eugene, argued the cause for respondent — cross-appellant. With him on the brief was Malagon Moore, Eugene.
Before Richardson, Presiding Judge, and Newman and Deits, Judges.
PER CURIAM
Affirmed on appeal and on cross-appeal.
This case involves the amount of an attorney fees award to claimant in a workers' compensation case. The referee awarded claimant attorney fees as authorized by ORS 656.382 (1) in conjunction with penalties under ORS 656.262 (10) on the basis of employer's unreasonable claim processing. Employer filed a request for review of the award in the circuit court pursuant to ORS 656.388 (2). Claimant filed a response and a request that the fee be increased. The court dismissed the request on the ground that only the attorney for claimant may seek review of attorney fees under ORS 656.388 (2). Employer appeals, and claimant cross-appeals.
In Greenslitt v. City of Lake Oswego, 88 Or. App. 94, 744 P.2d 577 (1987), we held that a circuit court has jurisdiction of a fee dispute under ORS 656.388 (2) only if the fees were awarded pursuant to ORS 656.386 (1). Because the fees in this case were allowed under ORS 656.382 (1), the circuit court did not have jurisdiction. See Short v. SAIF, 88 Or. App. 226, 745 P.2d 422 (1987).
Affirmed on appeal and on cross-appeal.