Matter of the Compensation of Harkness

Full title: In the Matter of the Compensation of John Harkness, Claimant. JOHN…

Court: Oregon Court of Appeals

Date published: Dec 6, 2000

15 P.3d 103 (Or. Ct. App. 2000)

15 P.3d 103

Opinion

Nos. 97-08467; CA A104207

Argued and submitted June 2, 2000.

Filed: December 6, 2000

Judicial review from Workers' Compensation Board.

Gayle A. Shields argued the cause and filed the brief for petitioner.

Jerome Patrick Larkin argued the cause and filed the brief for respondents.

Before Edmonds, Presiding Judge, and Deits, Chief Judge,^_ and Kistler, Judge.

_ Deits, C. J., vice Warren, S. J.

PER CURIAM

Reversed and remanded for reconsideration.

PER CURIAM

This is a workers' compensation case in which claimant seeks review of the order of the Workers' Compensation Board upholding SAIF's denial of compensation. He contends that the Board erred in affirming SAIF's denial of coverage because its denial was premature under our holding in Croman Corp. v. Serrano, 163 Or. App. 136, 986 P.2d 1253 (1999). Because the Board did not make a finding as to whether acceptance occurred before the denial in question, we remand for reconsideration. Blamires v. CleanPak Systems, Inc., 171 Or. App. 263, 15 P.3d 101 (decided this date).

Reversed and remanded for reconsideration.