State Accident Insurance Fund Corp. v. Hermann

The State Accident Insurance Fund (SAIF) appeals an order of the Workers’ Compensation Board affirming the referee’s opinion and order which required SAIF to accept claimant’s workers’ compensation claim. SAIF had denied the claim on the ground that the Vocational Rehabilitation Division (VRD) failed to notify SAIF that claimant was involved in a work experience program at VRD as required by ORS 655.615(4). The issues are whether VRD complied with ORS 655.615(4) and, if not, whether claimant is entitled to compensation on the theory that VRD was a noncomplying employer. We reverse.

Claimant…