Coghill v. Natl. Council on Comp. Ins. (A96550)

FILED: November 4, 1998

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of the Petition of

WAYNE E. COGHILL, dba Allstate
Siding Supply Co.,

Petitioner,

v.

The filings of the NATIONAL
COUNCIL ON COMPENSATION
INSURANCE,

Respondent below,

and

SAIF Corporation,

Respondent.

(INS 93-09-026; CA A96550)

Judicial Review from Department of Consumer and Business Services.

On petitioner's Petition for Reconsideration filed September 16, 1998. Opinion filed September 2, 1998. 155 Or App 601, ___ P2d ___.

Charles M. Fryer for the petition.

Before Edmonds, Presiding Judge, and Armstrong, Judge, and Warden, Senior Judge.

ARMSTRONG, J.

Reconsideration allowed; opinion modified and adhered to as modified.

ARMSTRONG, J.

Petitioner seeks reconsideration of our decision in Coghill v. Natl. Council on Comp. Ins., 155 Or App 601, ___ P2d ___ (1998),(1) in which we upheld a determination that petitioner was required to provide workers' compensation coverage for certain siding installers in his employ. Petitioner contends that we made a factual error when we stated that "[t]he record before us does not show that installers worked with or for any other parties during the audit period." We agree with petitioner that there is information in the record to support a finding that the installers worked for other people during the audit period. Hence, we modify our earlier opinion to delete the quoted sentence. The deletion of the sentence does not change the reasoning on which we relied to uphold the agency's decision, and we adhere to our opinion as modified.

Reconsideration allowed; opinion modified and adhered to as modified.

1. Petitioner also seeks reconsideration in a companion case, Coghill v. Natl. Council on Comp. Ins., 155 Or App 638, ___ P2d ___ (1998) (per curiam). We have denied that petition by order of this date.