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ALLEN v. BOHEMIA, INC.

88-18698, 88-18699; CA A72536.

864 P.2d 1365 (1993)

125 Or. App. 205

In the Matter of the Compensation of David D. Allen, Claimant. David D. ALLEN, Petitioner, v. BOHEMIA, INC. and Gold Beach Plywood and Liberty Northwest Insurance Corporation, Respondents.

Court of Appeals of Oregon.

Decided December 8, 1993.

Reconsideration Denied March 9, 1994.

Attorney(s) appearing for the Case

Robert Wollheim argued the cause for petitioner. With him on the brief was Welch, Bruun & Green.

David O. Wilson argued the cause for respondents Bohemia, Inc. and Liberty Northwest Ins. Corp. With him on the brief was Employers Defense Counsel.

M. Kathryn Olney, Sr. Trial Counsel, argued the cause for respondents Gold Beach Plywood and Liberty Northwest Ins. Corp. With her on the brief was Liberty Northwest Ins. Corp.

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

DURHAM, Judge.

Claimant seeks review of an order of the Workers' Compensation Board. The Board held that employer Bohemia, Inc. (Bohemia) did not accept compensability of a claim when it requested designation of a paying agent pursuant to ORS 656.307 and, therefore, its subsequent denial did not constitute an impermissible backup denial. We affirm.

Claimant compensably injured his back in March, 1985, while working for Bohemia, which was insured by Liberty...

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