Sole proprietors, limited liability company members, partners, independent contractors may elect coverage by insurer
- cancellation
Source:
Section 656.128 — Sole proprietors, limited liability company members, partners, independent contractors may elect coverage by insurer; cancellation, https://www.oregonlegislature.gov/bills_laws/ors/ors656.html.
Notes of Decisions
Written application for coverage is not required to be in particular form. SAIF v. D’Lyn, 74 Or App 64, 701 P2d 470 (1985)
Corroborative evidence requirement refers to corroboration of compensability. SAIF v. Marshall, 130 Or App 507, 882 P2d 1115 (1994), Sup Ct review denied
Evidence corroborates compensability if making either “arising out of” or “in course of” prong of compensability more certain. Marshall v. SAIF, 146 Or App 50, 931 P2d 823 (1997), aff’d on other grounds, 328 Or 49, 968 P2d 1281 (1998)
Medical opinion of treating physician that relies in part on medical history supplied by claimant is “in addition” to claimant’s evidence. Marshall v. SAIF, 146 Or App 50, 931 P2d 823 (1997), aff’d on other grounds, 328 Or 49, 968 P2d 1281 (1998)
Claimant who is sole proprietor satisfies corroboration requirement by providing any evidence--separate from claimant statements--that supplements, strengthens and confirms that injury exists and is work related. Marshall v. SAIF, 328 Or 49, 968 P2d 1281 (1998)
Where owner of sole proprietorship applied in writing for workers’ compensation insurance for employee, and owner included nature of business and information about employee’s duties and wages, application met requirements of this section. Pilling v. Travelers Insurance Company, 365 Or 236, 444 P3d 1104 (2019)
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