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BERKEY v. DEPT. OF INS. AND FINANCE

WCB 90-19924; CA A78975.

879 P.2d 240 (1994)

129 Or. App. 494

In the Matter of the Compensation of Adam Berkey, Claimant. Noah BERKEY, Petitioner— Cross-Respondent, v. DEPARTMENT OF INSURANCE AND FINANCE, SAIF Corporation and Adam Berkey, Respondents—Cross-Petitioners— Cross-Respondents.

Court of Appeals of Oregon.

Decided August 10, 1994.

Attorney(s) appearing for the Case

Noah Berkey filed the brief pro se, for petitioner—cross-respondent.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and John T. Bagg, Asst. Atty. Gen., filed the brief for respondents— cross-petitioners—cross-respondents Dept. of Ins. and Finance and SAIF Corp.

Kimberley Chaput and Pozzi Wilson & Atchison, Portland, filed the brief for respondent— cross-petitioner—cross-respondent Adam Berkey.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

RIGGS, Judge.

Petitioner Noah Berkey (Noah) and cross-petitioners, Department of Insurance and Finance (DIF), and SAIF Corporation, seek review of a Workers' Compensation Board order holding that claimant Adam Berkey (Adam) is an Oregon subject worker and that Noah was a non-complying employer. In his cross-petition, Adam assigns error to the Board's failure to find that Noah was non-complying and to the Board's denial of penalties against SAIF.

Noah is a...

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