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Moore v. Commodore Corp.

Citations: 57 Or. App. 149; 644 P.2d 130; 1982 Ore. App. LEXIS 2828Docket: WCB Nos. 79-11,081, 80-221, CA A20410

Court: Court of Appeals of Oregon; April 26, 1982; Oregon; State Appellate Court

Narrative Opinion Summary

In the workers’ compensation case, the costs sheet from a prior opinion incorrectly identified the claimant as the sole prevailing party. It has been revised to recognize both the claimant and the Insurance Company of North America (INA) as prevailing parties entitled to recover costs and disbursements from Truckers Insurance Co. Additionally, the claimant will receive attorney fees from Truckers, as per her unopposed petition. The opinion’s dispositional phrases have been updated to state: affirmed as to INA; reversed and remanded as to Truckers for a determination of the extent of the claimant’s disability and for the award of interim compensation, penalties, and attorney fees.

Legal Issues Addressed

Appellate Review and Disposition in Workers' Compensation

Application: The court affirmed the decision as to INA and reversed and remanded as to Truckers for further determination of the claimant’s disability and related awards.

Reasoning: The opinion’s dispositional phrases have been updated to state: affirmed as to INA; reversed and remanded as to Truckers for a determination of the extent of the claimant’s disability and for the award of interim compensation, penalties, and attorney fees.

Award of Attorney Fees in Workers' Compensation Cases

Application: The claimant is entitled to attorney fees from Truckers Insurance Co., supported by her unopposed petition for such fees.

Reasoning: Additionally, the claimant will receive attorney fees from Truckers, as per her unopposed petition.

Recognition of Prevailing Parties in Workers' Compensation

Application: The case revises the identification of prevailing parties to include both the claimant and the Insurance Company of North America (INA), allowing them to recover costs and disbursements.

Reasoning: It has been revised to recognize both the claimant and the Insurance Company of North America (INA) as prevailing parties entitled to recover costs and disbursements from Truckers Insurance Co.