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LANE v. SAIF CORPORATION

92-09931 and 92-08414; CA A80625.

887 P.2d 393 (1994)

132 Or. App. 371

In the Matter of the Complying Status of Dan J. and Giselle Dana Lane, and In the Matter of the Compensation of Marshall K. Birdwell, Claimant. Dan J. LANE and Giselle Dana Lane, Petitioners, v. SAIF CORPORATION, Department of Insurance and Finance and Marshall K. Birdwell, Respondents.

Court of Appeals of Oregon.

Decided January 4, 1995.

Attorney(s) appearing for the Case

Kenneth L. Kleinsmith, Portland, argued the cause for petitioners. On the brief were Mildred J. Carmack, William H. Replogle and Schwabe, Williamson & Wyatt.

David L. Runner, Asst. Atty. Gen., argued the cause for respondents SAIF Corp. and Dept. of Ins. and Finance. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

No appearance for respondent Marshall K. Birdwell.

Before RICHARDSON, C.J., and De MUNIZ and LEESON, JJ.

PER CURIAM.

In this workers' compensation case, the Board determined that petitioners were noncomplying employers and upheld SAIF's acceptance of claimant's head and back injury on behalf of petitioners. The Board did not have the benefit of the Supreme Court's opinion in S-W Floor Cover Shop v. NCCI, 318 Or. 614, 872 P.2d 1 (1994), when it issued its order.

SAIF concedes that the Board...

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