Cascade Forest Products, Inc. v. Accident Prevention Division

Court of Appeals of Oregon

Cascade Forest Products, Inc. v. Accident Prevention Division

665 P.2d 1258, 63 Or. App. 754, 1983 Ore. App. LEXIS 3037

Procedural entryThis page is a short order in Cascade Forest Products, Inc. v. Accident Prevention Division. Read the opinion of the Court — 60 Or. App. 255 →

Court of Appeals of Oregon·Decided July 6, 1983·No. SH-79-276; CA A23643·Published

Opinion

GILLETTE, P. J.

Petitioner, the prevailing party in Cascade Forest Products v. Accident Prev. Div., 60 Or App 255, 653 P2d 574 (1982), seeks an award of an attorney fee pursuant to the Oregon Administrative Procedures Act (APA). We decline to award a fee.

In our original opinion in this case, we reversed in part a decision of a Workers’ Compensation Board referee that had upheld citations issued to petitioner by the Accident Prevention Division (APD) for violations of certain safety regulations. Our reversal was based on the fact that the referee had failed to make certain necessary findings in connection with the validity of the two citations. 60 Or App at 260-61. However, there was no suggestion in our opinion of any lack of substantial evidence to make the necessary findings on remand.

Under such circumstances, no award of attorney fees under ORS 183.495 — the statute on which petitioner relies— appears appropriate. Davidson v. Employment Division, 63 Or App 600, 666 P2d 261 (1983) (63 Or App at 605); see Van Gordon v. Ore. State Bd. of Dental Examiners, 63 Or App 561, 666 P2d 276 (1983) (63 Or App at 567).

Petition for attorney fee denied.

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GILLETTE, P. J.

Petitioner, the prevailing party in Cascade Forest Products v. Accident Prev. Div., 60 Or App 255, 653 P2d 574 (1982), seeks an award of an attorney fee pursuant to the Oregon Administrative Procedures Act (APA). We decline to award a fee.

In our original opinion in this case, we reversed in part a decision of a Workers’ Compensation Board referee that had upheld citations issued to petitioner by the Accident Prevention Division (APD) for violations of certain safety regulations. Our reversal was based on the fact that the referee had failed to make certain necessary findings in connection with the validity of the two citations. 60 Or App at 260-61. However, there was no suggestion in our opinion of any lack of substantial evidence to make the necessary findings on remand.

Under such circumstances, no award of attorney fees under ORS 183.495 — the statute on which petitioner relies— appears appropriate. Davidson v. Employment Division, 63 Or App 600, 666 P2d 261 (1983) (63 Or App at 605); see Van Gordon v. Ore. State Bd. of Dental Examiners, 63 Or App 561, 666 P2d 276 (1983) (63 Or App at 567).

Petition for attorney fee denied.

Cascade Forest Products, Inc. v. Accident Prevention Division, 665 P.2d 1258, 63 Or. App. 754, 1983 Ore. App. LEXIS 3037 (Or. Ct. App. 1983).

Pincite

665 P.2d 1258 (Cascade Forest Products, Inc. v. Accident Prevention Division) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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