Erzen v. State Accident Insurance Fund

The State Accident Insurance Fund (SAIF) appeals the determination of the Workers’ Compensation Board (Board) that claimant’s injury is compensable. SAIF denied the claim on the ground that claimant was a corporate officer and the employer had not elected coverage for its corporate officers under ORS 656.039. The referee and the Board held claimant was entitled to benefits as a covered workman and ordered SAIF to accept the claim. The issue is whether an officer of a corporation who has not elected coverage under the Act may nevertheless receive benefits as a covered worker.

The employer,…