SAIF Corp. v. Mize

SAIF petitions for judicial review of a Board order holding that, under the “dual capacity doctrine,” claimant was a subject worker at the time of his injury. We hold that SAIF is foreclosed from challenging compensability because it has accepted claimant’s claim and therefore dismiss the petition as moot.

Claimant is a dentist who incorporated his practice in July, 1989, and became a corporate officer with 100 percent ownership. On December 5,1991, he filed a claim for carpal tunnel syndrome. SAIF denied the claim. The referee set aside SAIF’s denial on the basis that ORS 656.027(9), as…