Rivera v. Cimarron Dairy

The opinion of the court was delivered by

Lockett, J.:

Workers appeal the order of the Workers Compensation Board (Board) that an agricultural dairy enterprise, not subject to mandatory coverage of the Workers Compensation Act (Act), which purchased workers compensation insurance during construction of the dairy and later allowed the insurance policy to lapse without filing an election to withdraw, was no longer subject to the Act. The dairy enterprise asserts that this court has no jurisdiction to review the Board’s decision because its order resulted from a preliminary hearing.

This is a…