Frasure v. Agripac, Inc.

In their petition for rehearing, petitioners Permaneer Corp. and its insurance carrier Chubb Pacific Indemnity Group contend that we erred in holding that Permaneer is now estopped to assert the defense of nonliability by voluntarily accepting the claimant’s claim for aggravation and paying benefits to him for approximately 17 months.

In support of this contention, petitioners rely on ORS 656.262C7);1 Logan v. Boise Cascade Corp., 5 Or App 636, 485 P2d 441, rev den (1971); Jacobson v. SAIF, 36 Or App 789, 585 P2d 1146, rev den 284 Or 521 (1978); and similar cases.

Petitioners assert that the…