PAUL BROS. v. NAT. COUN. ON COMP. INS.

89-08-045; CA A69352.

840 P.2d 743 (1992)

116 Or. App. 161

In the Matter of the Petition of PAUL BROTHERS, INC., Petitioner, v. The filings of the NATIONAL COUNCIL ON COMPENSATION INSURANCE, and Liberty Northwest Insurance Corporation, Respondents.

Court of Appeals of Oregon.

Decided November 4, 1992.

Reconsideration Denied December 23, 1992.

Review Denied January 26, 1993.


Attorney(s) appearing for the Case

Philip F. Schuster, Portland, argued the cause for petitioner. With him on the brief was Roger F. Dierking, Portland.

Peter A. Ozanne, Portland, argued the cause for respondent National Council on Compensation Ins. With him on the brief were Robert E. Joseph and Schwabe, Williamson & Wyatt, Portland.

Thomas H. Johnson, Portland, argued the cause and filed the brief for respondent Liberty Northwest Ins. Corp.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for Department of Ins. and Finance. 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.


DEITS, Judge.

Petitioner Paul Brothers, Inc. (employer) seeks review of the Department of Insurance and Finance (DIF) order upholding respondent Liberty Northwest's (Liberty) premium audit.1 Employer argues that, for April 1, 1988, through April 1, 1989, Liberty erroneously included vacation pay in its calculation of employer's payroll. We affirm.

In September, 1989, pursuant to ORS 737.318, Liberty sent a final premium audit to...

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