Keller v. SAIF Corp.

The majority reaches the wrong result in this case because it applies the wrong analysis. In holding that the result in this case is unaffected by the 1995 statutory amendments to ORS 656.265, the majority principally relies on a preamendment case interpreting that statute. Argonaut Ins. Co. v. Mock, 95 Or App 1, 768 P2d 401 (1989).1 The majority’s reliance on Mock cannot be justified for three reasons.

First, the reason offered by the majority for its reliance on Mock is that the 1995 amendments did not alter the specific language under consideration in this case. Thus, in its interpretation…