Chapter 737

737.310

NOTES OF DECISIONS

Where employees’ work activities were grouped in two risk categories prior to audit and, after audit, insurer shifted work activities from one of those categories to other category, insurer had reclassified employees for purposes of this section. Duron v. National Council on Comp. Ins., 111 Or App 571, 826 P2d 107 (1992), as modified by 113 Or App 445, 833 P2d 1289 (1992), Sup Ct review denied

Where insurer assigned worker to only one classification, insurer could not use division of payroll rule as basis for reclassifying worker’s entire payroll to subsequently assigned higher classification. Reforestation General v. National Council on Comp. Ins., 127 Or App 153, 872 P2d 423 (1994), on reconsideration 130 Or App 615, 883 P2d 865 (1994), Sup Ct review denied

737.505

NOTES OF DECISIONS

In absence of contrary expression, legislature appears to have intended that merely mailing request for appeal does not constitute making appeal under this section. Cobra Construction v. National Council on Comp. Ins., 107 Or App 321, 812 P2d 19 (1991)

Department of Insurance and Finance could not by rule extend period for appeal related to final premium audit billing. Kilham Stationery v. National Council on Comp. Ins., 109 Or App 545, 820 P2d 842 (1991)

Whether or not 60-day limit for appealing final premium audit billing is jurisdictional, where appeal was filed more than 60 days after receipt of billing, division properly dismissed appeal as untimely. Pease v. National Council on Comp. Ins., 113 Or App 26, 830 P2d 605 (1992), Sup Ct review denied

Department of Insurance and Finance properly dismissed employer’s appeal of premium audit billing for lack of jurisdiction, because employer did not file appeal within “60 days after receipt of the billing” and continuing discussions between insurer and employer did not prevent 60-day period from running. Marcott Timber v. Natl. Council on Comp. Ins., 115 Or App 165, 837 P2d 543 (1992)

Employer challenging Department of Insurance and Finance order has burden of proof to show premium determinations are incorrect. Milwaukie Convalescent and Residential Care Center v. Natl. Council on Comp. Ins., 126 Or App 6, 867 P2d 513 (1994)