Harkness v. SAIF

FILED: December 6, 2000

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of the Compensation of
John Harkness, Claimant.

JOHN HARKNESS,

Petitioner,

v.

SAIF CORPORATION
and UNOCAL 76,

Respondents.

(97-08467; CA A104207)

Judicial review from Workers' Compensation Board.

Argued and submitted June 2, 2000.

Gayle A. Shields argued the cause and filed the brief for petitioner.

Jerome Patrick Larkin argued the cause and filed the brief for respondents.

Before Edmonds, Presiding Judge, and Deits, Chief Judge,* and Kistler, Judge.

PER CURIAM

Reversed and remanded for reconsideration.

*Deits, C. J., vice Warren, S. J.

PER CURIAM

This is a workers' compensation case in which claimant seeks review of the order of the Workers' Compensation Board upholding SAIF's denial of compensation. He contends that the Board erred in affirming SAIF's denial of coverage because its denial was premature under our holding in Croman Corp. v. Serrano, 163 Or App 136, 986 P2d 1253 (1999). Because the Board did not make a finding as to whether acceptance occurred before the denial in question, we remand for reconsideration. Blamires v. CleanPak Systems, Inc., __Or App__, __P3d__ (decided this date).

Reversed and remanded for reconsideration.