Court of Appeals of Oregon July 5, 1978, 76-9286 CA 9837 (Vandehey v. Pumilite Glass & Building Co.)

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GILLETTE, J.

In this workers’ compensation case, we are faced with a single legal issue: under ORS 656.386, and after claimant has sought a hearing on the existence of a need for further medical evaluation or treatment, may he send a doctor’s report supporting his contention to the employer and be entitled to an award of attorney’s fees if the report is not treated by the employer as a new