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BLAIN v. OWEN

86-09303; CA A63073.

807 P.2d 313 (1991)

106 Or. App. 285

In the Matter of the Compensation of Dave G. Owen, Claimant, and In the Matter of the Complying Status of Charles W. and Minerva A. Blain, dba Wesco Trucking, Employer. Charles W. BLAIN and Minerva A. Blain, dba Wesco Trucking, Petitioners, v. Dave G. OWEN and SAIF Corporation, Respondents.

Court of Appeals of Oregon.

Decided March 6, 1991.

Attorney(s) appearing for the Case

Leeroy O. Ehlers, Pendleton, argued the cause and filed the brief for petitioners.

David L. Runner, Asst. Atty. Gen., Salem, argued the cause for respondent SAIF Corp. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

No appearance for respondent Dave G. Owen, Hermiston.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

DE MUNIZ, Judge.

Employer seeks review of an order of the Workers' Compensation Board holding that it is a subject employer, that it did not file a request for hearing regarding the compensability of the claim and that, even if it did file a request, it was untimely.

Claimant drove a truck owned by employer in its agricultural trucking business.

In September, 1985, while the truck was in a repair shop for...

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