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EMPLOYERS INS. OF WAUSAU v. R.M. HARDY & CO.

93-12288 and 93-12287; CA A93850 (Control) and CA A94244.

963 P.2d 97 (1998)

155 Or. App. 231

In the Matter of the Complying Status of R.M. Hardy & Co., alleged NCE. EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, Petitioner, v. R.M. HARDY & CO. and Department of Consumer and Business Services, Respondents. In the Matter of the Complying Status of Al Walker, alleged NCE. EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, Petitioner, v. Al WALKER and Department of Consumer and Business Services, Respondents.

Court of Appeals of Oregon.

Decided July 15, 1998.

Attorney(s) appearing for the Case

David O. Horne, Portland, argued the cause and filed the brief for petitioner.

Alan J. Schmeits, Baker City, argued the cause for respondent R.M. Hardy & Co. With him on the brief was Silven, Schmeits & Vaughn.

Stephanie L. Striffler, Assistant Attorney General, argued the cause for respondent Department of Consumer and Business Services. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

No appearance for respondent Al Walker.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

ARMSTRONG, Judge.

Wausau Insurance (Wausau) seeks judicial review of an order finding that R.M. Hardy and Company (Hardy) was not a noncomplying employer from April 14, 1993, to August 25, 1993, because it was insured by Wausau.1 We affirm.

In July 1993, Hardy agreed to perform timber felling for an unknown party. Hardy engaged workers and, on July 21, 1993, it began performance on the contract. In August 1993, one of Hardy's subject...

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