Opinion
WCB 85-02089, 85-04106, 85-07657, 85-07658; CA A41820
Argued and submitted July 13, 1987.
Reversed and remanded in part for award of attorney fees, otherwise affirmed September 2, 1987.
Judicial Review from Workers' Compensation Board.
James L. Edmunson, Eugene, argued the cause for petitioner. On the brief were Karen M. Werner and Malagon Moore, Eugene.
Constance Lynn Wold, Beaverton, argued the cause and filed the brief for respondents Food Value IGA and Wausau Insurance.
Darrell E. Bewley, Assistant Attorney General, Salem, waived appearance for respondents SAIF Corporation and McKay's, Inc.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Reversed and remanded in part for an award of attorney fees; otherwise affirmed.
As Wausau Insurance concedes, claimant in this workers' compensation case is entitled to an award of attorney fees for Wausau's untimely denial of responsibility for the claim. Spivey v. SAIF, 79 Or. App. 568, 720 P.2d 755 (1986). In all other respects, the Board's order is affirmed.
Reversed and remanded in part for an award of attorney fees; otherwise affirmed.