Blain v. Owen

Employer seeks review of an order of the Workers’ Compensation Board holding that it is a subject employer, that it did not file a request for hearing regarding the compensability of the claim and that, even if it did file a request, it was untimely.

Claimant drove a truck owned by employer in its agricultural trucking business. In September, 1985, while the truck was in a repair shop for repair of a hydraulic lift cylinder, claimant sustained fractured ribs when the cab fell on him. He filed a claim in April, 1986.

On May 22, 1986, the Workers’ Compensation Department issued an order declaring…