Court of Appeals of Oregon December 7, 1983, 81-07043 and 81-07044; CA A27118 (EBI Companies v. Thomas)

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NEWMAN, J.

Petitioner (EBI) seeks review of an order of the Workers’ Compensation Board (Board). EBI assigns as error that the Board awarded claimant penalties and attorney fees. We reverse.

Claimant was employed by O.K. Delivery Systems. He suffered a compensable injury to his back on October 31, 1977. At that time EBI insured the employer.