Westfall v. Rust International

Employer petitions for an award of sanctions against claimant’s attorney, claiming that the petition for judicial review in this case, 102 Or App 373, 795 P2d 124 (1990), was frivolous. ORS 656.390. 1 We agree and grant the petition.

Claimant filed a petition for review of an order of the Workers’ Compensation Board that denied compensation for claimant’s back condition. Distilled to its basic premise, claimant argued that he had testified that his back still hurt, that the referee had found his testimony credible and that the condition was not so complex that expert testimony was required.…