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BROWN v. INSURANCE CO. OF NORTH AMERICA

A8610-06409; CA A45088.

762 P.2d 330 (1988)

93 Or.App. 355

William J. BROWN, Director, Workers' Compensation Department, Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Respondent.

Court of Appeals of Oregon, In Banc.

Decided October 12, 1988.

Attorney(s) appearing for the Case

Margaret E. Rabin, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Mildred J. Carmack, Portland, argued the cause for respondent. With her on the brief was Schwabe, Williamson & Wyatt, Portland.

WARDEN, Judge.

In this action, the Director of the Workers' Compensation Department (Director) seeks reimbursement of workers' compensation benefits paid on the compensable claim of a worker employed by an employer who was noncomplying because defendant, his insurer, denied coverage. See ORS 656.054(3). The trial court granted defendant's motion for judgment on the pleadings, and the Director appeals. We reverse.

We take the facts from plaintiff's complaint...

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