BRUER'S CONTRACT v. NAT. COUN. ON COMP. INS.

89-03-16; CA A68831.

841 P.2d 690 (1992)

116 Or. App. 485

In the Matter of the Petition of BRUER'S CONTRACT CUTTING, Petitioner, v. The Filings of the NATIONAL COUNCIL ON COMPENSATION INSURANCE and SAIF Corporation, Respondents.

Court of Appeals of Oregon.

Decided November 18, 1992.


Attorney(s) appearing for the Case

Ronald B. Terzenbach, Eugene, argued the cause for petitioner. With him on the brief were Daniel M. Holland and Loomis & Holland, Eugene.

Peter A. Ozanne, Portland, argued the cause for respondent Nat. Council On Compensation Ins. With him on the brief was Schwabe, Williamson, Wyatt, Portland.

Michael O. Whitty, 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.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.


DURHAM, Judge.

Petitioner seeks review of a Department of Insurance and Finance (DIF) final order requiring petitioner to pay additional workers' compensation premiums. The order concluded that SAIF is not estopped from collecting the extra premiums. We reverse and remand.

SAIF contends that petitioner should pay the additional premiums, because petitioner erroneously failed to include truck rent in calculating its employees' wages. Wages affect the workers...

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