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ASTLEFORD v. SAIF

WCB 90-18739, 90-19654; CA A75105; SC S40854.

874 P.2d 1329 (1994)

319 Or. 225

In the Matter of the Compensation of Robert L. Wells, Claimant. Ronald ASTLEFORD, Respondent on Review, v. SAIF CORPORATION, Petitioner on Review, and Tillamook County Creamery Association and Robert L. Wells, Respondents, and Department of Insurance and Finance, Intervenor.

Supreme Court of Oregon, In Banc.

Decided June 23, 1994.

Attorney(s) appearing for the Case

Michael O. Whitty, Sp. Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

William J. Blitz, of Employers Defense Counsel, Eugene, argued the cause for respondent on review. David O. Wilson filed the response to the petition.

GRABER, Justice.

The question in this workers' compensation case is whether, under ORS 656.289(4) (set out in full below), an employer who has not complied with the provisions of the Workers' Compensation Law, ORS chapter 656, is a "party" who "may * * * by agreement" settle a disputed workers' compensation claim. We answer that question "yes."

In September 1988, claimant injured his left shoulder. He filed a workers' compensation claim. In December 1988,...

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