Lane v. Saif

Full title: In the Matter of the Complying Status of Dan J. and Giselle Dana Lane, and…

Court: Oregon Court of Appeals

Date published: Jan 4, 1995

887 P.2d 393 (Or. Ct. App. 1995)

887 P.2d 393

Opinion

92-09931 and 92-08414; CA A80625

Argued and submitted December 7, 1994, reversed and remanded for reconsideration January 4, 1995

Judicial Review from Workers' Compensation Board.

Kenneth L. Kleinsmith argued the cause for petitioners. On the brief were Mildred J. Carmack, William H. Replogle and Schwabe, Williamson Wyatt.

David L. Runner, Assistant Attorney General, argued the cause for respondents SAIF Corporation and Department of Insurance and Finance. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

No appearance for respondent Marshall K. Birdwell.

Before Richardson, Chief Judge,^_ and De Muniz and Leeson, Judges.

_ Richardson, C.J., vice Rossman, P.J., retired.

PER CURIAM

Reversed and remanded for reconsideration.

PER CURIAM

In this workers' compensation case, the Board determined that petitioners were noncomplying employers and upheld SAIF's acceptance of claimant's head and back injury on behalf of petitioners. The Board did not have the benefit of the Supreme Court's opinion in S-W Floor Cover Shop v. Natl. Council on Comp. Ins., 318 Or. 614, 872 P.2d 1 (1994), when it issued its order.

SAW concedes that the Board applied the wrong legal standard and that the case must be remanded to the Board to determine whether petitioners were noncomplying employers with respect to claimant. We accept that concession.

Reversed and remanded for reconsideration.