Berkey v. Department of Insurance & Finance

Petitioner Noah Berkey (Noah) and cross-petitioners, Department of Insurance and Finance (DIF), and SAIF Corporation, seek review of a Workers’ Compensation Board order holding that claimant Adam Berkey (Adam) is an Oregon subject worker and that Noah was a noncomplying employer. In his cross-petition, Adam assigns error to the Board’s failure to find that Noah was noncomplying and to the Board’s denial of penalties against SAIF.

Noah is a contractor, registered in Oregon. He does business as Berkey Pole Buildings. His principal business is building pole barns in Oregon, although he…