Astleford v. SAIF Corp.

The question in this workers’ compensation case is whether, under ORS 656.289(4) (set out in full below), an employer who has not complied with the provisions of the Workers’ Compensation Law, ORS chapter 656, is a “party” who “may * * * by agreement” settle a disputed workers’ compensation claim. We answer that question “yes.”

In September 1988, claimant injured his left shoulder. He filed a workers’ compensation claim. In December 1988, the Department of Insurance and Finance (DIF) entered a proposed order, pursuant to ORS 656.052(2), declaring that claimant’s employer, Ronald Astleford…