SAIF v. MIZE

92-00725; CA A79278.

879 P.2d 907 (1994)

129 Or. App. 636

In the Matter of the Compensation of Kenneth G. Mize, Claimant. SAIF CORPORATION and Kenneth G. Mize, DMD, Petitioners, v. Kenneth G. MIZE, Respondent.

Court of Appeals of Oregon.

Decided August 24, 1994.


Attorney(s) appearing for the Case

Michael O. Whitty, Sp. 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.

Jeff J. Carter, Salem, argued the cause and filed the brief, for respondent.

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


LEESON, Judge.

SAIF petitions for judicial review of a Board order holding that, under the "dual capacity doctrine," claimant was a subject worker at the time of his injury. We hold that SAIF is foreclosed from challenging compensability because it has accepted claimant's claim and therefore dismiss the petition as moot.

Claimant is a dentist who incorporated his practice in July, 1989, and became a corporate officer with 100 percent ownership. On December...

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