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HAYES v. SAIF

Nos. 92-02935, 92-02586, 92-01344; CA A81345.

889 P.2d 359 (1995)

132 Or.App. 455

In the Matter of the Compensation of Jesus Fletes, Deceased, Claimant, and Edwin Hayes, NCE, and Gabriel Alvarez Lopez, Claimant. Edwin HAYES, Petitioner, v. SAIF CORPORATION, Estate of Jesus Fletes, Gabriel Alvarez Lopez, Respondents, and Department of Consumer and Business Services, Intervenor.

Court of Appeals of Oregon.

Decided January 25, 1995.

Attorney(s) appearing for the Case

Adam T. Stamper, Medford, argued the cause, for petitioner. With him on the briefs was Cowling & Heysell.

Michael O. Whitty, Sp. Asst. Atty. Gen., argued the cause, for respondent SAIF Corp. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Roger Ousey, Eugene, argued the cause, for respondent Estate of Jesus Fletes. On the brief were Julie Zuver Ellickson and Bischoff & Strooband, P.C.

Bruce D. Smith, Medford, argued the cause and filed the brief, for respondent Gabriel Alvarez Lopez.

Stephanie Striffler, Asst. Atty. Gen., argued the cause, for Intervenor Dept. of Consumer and Business Services. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before WARREN, P.J., and EDMONDS and De MUNIZ, JJ.

EDMONDS, Judge.

Edwin Hayes seeks review of an order that declares him to be a subject and noncomplying employer, and assesses a civil penalty against him. ORS 656.740. The Department of Consumer and Business Services (DCBS), formerly the Department of Insurance and Finance, issued an order of noncompliance against Hayes. Hayes sought review before a referee of the Hearings Division. ORS 656.740(3). The referee affirmed the order, and Hayes appealed to the Workers...

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