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LEMMA WINE CO. v. NATL. COUNCIL ON COMP.

INS 01-05-025; A119784.

95 P.3d 238 (2004)

194 Or.App. 371

LEMMA WINE COMPANY, Petitioner, v. NATIONAL COUNCIL ON COMPENSATION INSURANCE and Department of Consumer and Business Services, Respondents.

Court of Appeals of Oregon.

Decided August 4, 2004.

Attorney(s) appearing for the Case

Jerald P. Keene argued the cause and filed the briefs for petitioner.

Michael T. Garone, Portland, argued the cause for respondent National Council on Compensation Insurance. With him on the brief were Jean Ohman Back and Schwabe, Williamson & Wyatt, P.C.

Judy C. Lucas, Assistant Attorney General, argued the cause for respondent Department of Consumer and Business Services. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

LANDAU, P.J.

This case requires us to venture into the dense thicket of law pertaining to workers' compensation insurance premium rating. Briefly, the Department of Consumer and Business Services (department) employs a classification system to determine the level of premiums that employers must pay for their workers' compensation insurance. Employer challenges the particular classification that the department assigned to some of its workers, which results in a higher...

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