Cox v. State Industrial Accident Commission

I concur in the opinion of the court on the right of plaintiff to compensation, and with some reluctance I also concur in the result on the issue concerning attorney's fees. I do not think we should be bound by or give our approval to the decision in the case of Carr v. State Industrial Accident Commission, 153 Or. 517,57 P.2d 1278, cited by the majority.

In that case, the workman was injured on July 5, 1934; he received compensation until September 18, 1935, when the claim was closed over his protest. Upon appeal and jury trial in the circuit court it was determined that he was permanently…