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SAIF v. ANDERSON

90C-10487; CA A74840.

863 P.2d 509 (1993)

124 Or. App. 651

STATE ACCIDENT INSURANCE FUND CORPORATION (SAIF), Respondent-Cross-Appellant, v. Miles ANDERSON, D.C., and North Salem Chiropractic Clinic, an assumed business name of Miles Anderson, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided November 17, 1993.

Attorney(s) appearing for the Case

Anthony A. Allen argued the cause for appellants-cross-respondents. With him on the opening brief was Gatti, Gatti, Maier & Associates. With him on the reply brief was Gatti, Gatti, Maier, Jackson & LeDoux, Salem.

Jas. Adams, Asst. Atty. Gen., argued the cause for respondent-cross-appellant. With him on the briefs were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

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

LEESON, Judge.

Defendants appeal a circuit court judgment awarding plaintiff SAIF damages on its claim for money had and received. SAIF cross-appeals and assigns error to the dismissal of its other claims based on the same transactions. The issue is whether the Department of Insurance and Finance (DIF) has exclusive jurisdiction over cases where a health care provider is alleged to have violated ORS 656.248(3)1 by charging workers' compensation...

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