Pilling v. Travelers Ins. Co

Under ORS 656.128, an application for workers' compensation insurance must be in writing, request coverage for a specific person, and contain sufficient information for an insurer to determine the person's work classification and wage for the purposes of setting a preliminary rate for the coverage.

The Workers' Compensation Board affirmed Insurer's denial of medical benefits on the ground that Claimant was not subject to the Workers' Compensation Act because he was a nonsubject worker under ORS 656.027, and had not applied for coverage under ORS 656.128. The Court of Appeals affirmed and Claimant appealed from that order. On appeal, Claimant argued that, even if his business is a partnership, his application for workers’ compensation coverage met the requirements for an application for coverage of a nonsubject worker under ORS 656.128 and, therefore, he was eligible for workers’ compensation benefits. Insurer argued that Claimant’s application was insufficient because it did not specify that Claimant was a partner. Under ORS 656.128, an application for workers' compensation insurance must be in writing, request coverage for a specific person, and contain sufficient information for an insurer to determine the person's work classification and wage for the purposes of setting a preliminary rate for the coverage. After interpreting ORS 656.128, the  Court held that even if claimant was a nonsubject worker, his application met the requirements of ORS 656.128, and he is entitled to coverage. Reversed and remanded to the board for further proceedings.