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SAIF CORPORATION v. WHITNEY

WCB 92-00485; WCB 92-00484; CA A79277.

882 P.2d 614 (1994)

130 Or. App. 429

In the Matter of the Compensation of Michael L. Whitney, Claimant. SAIF CORPORATION and Jerry Hammitt Logging, Petitioners, v. Michael L. WHITNEY, Rose Logging, Inc. and EBI Companies, Respondents.

Court of Appeals of Oregon.

Decided October 5, 1994.

Attorney(s) appearing for the Case

David L. Runner, Asst. Atty. Gen., argued the cause for petitioners. With him on the brief were Theodore R. Kulongoski, Atty. Gen. and Virginia L. Linder, Sol. Gen.

Edward J. Harri, Eugene, argued the cause for respondent Michael L. Whitney. With him on the brief was Malagon, Moore, Johnson, Jensen & Correll.

Patric J. Doherty and VavRosky, MacColl, Olson, Doherty & Miller, Portland, waived appearance for respondents Rose Logging, Inc. and EBI Companies.

Before DEITS, P.J., and RICHARDSON, C.J., and RIGGS, J.

RIGGS, Judge.

SAIF seeks review of an order of the Workers' Compensation Board imposing penalties against SAIF. SAIF argues that by awarding the maximum penalty against two different insurers in the same case, the Board exceeded the limitation on penalties contained in ORS 656.262(10)(a). We affirm.

Claimant suffered a compensable back injury in 1989 while working for EBI's insured. In 1991, claimant suffered a flare-up of back pain while working for SAIF...

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