1 PORTLAND GENERAL ELECTRIC COMPANY’S 

 MOTION FORSUMMARY JUDGMENT 

 AND LEGAL MEMORANDUM IN SUPPORT 

fucile & reising LLP 

800 nw 6th ave, ste 211 portland or 97209 

p 503.224.4894 

f 503.224.4332 

DANIEL K. REISING, OSB No. 90410 

dan@frllp.com 

Fucile & Reising LLP 

Portland Union Station 

800 NW 6th Ave., Ste 211 

Portland OR 97209 

Telephone: 503.224.4894 

Facsimile: 503.224.4332 

Attorneys for Portland General 

Electric Company 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

PORTLAND GENERAL ELECTRIC 

COMPANY, an Oregon corporation, 

 Plaintiff, 

 v. 

LIBERTY MUTUAL INSURANCE 

COMPANY, a Massachusetts corporation, 

 Defendant. 

 No. 3:15-cv-00217 HZ 

 PORTLAND GENERAL ELECTRIC 

 COMPANY’S MOTION FOR 

 SUMMARY JUDGMENT AND 

 LEGAL MEMORANDUM IN 

 SUPPORT 

 Request for Oral Argument 

__________________________________ 

MOTION

 Portland General Electric Company (PGE) moves for summary judgment 

pursuant to FRCP 56(c) on the grounds that there is no genuine issue of fact for trial 

and PGE is entitled to judgment as a matter of law. In compliance with LR 7-1 counsel 

certifies that the parties made a good faith effort through telephone conferences to 

resolve the dispute and have been unable to do so. 

 PGE respectfully requests that the Court: 
2 PORTLAND GENERAL ELECTRIC COMPANY’S 

 MOTION FORSUMMARY JUDGMENT 

 AND LEGAL MEMORANDUM IN SUPPORT 

fucile & reising LLP 

800 nw 6th ave, ste 211 portland or 97209 

p 503.224.4894 

f 503.224.4332 

 1. Declare that Liberty Mutual Insurance Company owes PGE a duty of 

defense; 

 2. Declare that Liberty Mutual owes PGE a duty of indemnity; and 

 3. Enter a money judgment in favor of PGE, in an amount to be determined. 

 This motion is supported by the following Legal Memorandum and the attached 

Appendix of Exhibits. 

LEGAL MEMORANDUM

I. FACTS 

A. PGE and NAES 

 Portland General Electric Company (PGE) owns and operates a coal burning 

electric power plant in Boardman, Oregon. On December 17, 2008, PGE and NAES 

Power Contractors entered into a written agreement for NAES to perform maintenance 

at the Boardman Coal Plant. (Contract No. TBDM000125). Relevant portions of the 

Maintenance Contract are attached as Exhibit 1 in the Appendix of Exhibits to this 

Memorandum. 

B. The Insurance Policy 

 The Maintenance Contract obligated NAES to procure, among other insurance, 

commercial general liability insurance naming “PGE, its directors, officers and 

employees as Additional Insureds by endorsement or otherwise.” Ex. 1 at Article 28, 

page 13. To meet its obligation under the Maintenance Contract, NAES provided PGE 

with a Certificate of Liability Insurance identifying PGE as an Additional Insured on a 
3 PORTLAND GENERAL ELECTRIC COMPANY’S 

 MOTION FORSUMMARY JUDGMENT 

 AND LEGAL MEMORANDUM IN SUPPORT 

fucile & reising LLP 

800 nw 6th ave, ste 211 portland or 97209 

p 503.224.4894 

f 503.224.4332 

commercial general liability insurance policy issued by defendant Liberty Mutual 

Insurance Company. Ex. 2. 

 Pursuant to a “Blanket Additional Insured Endorsement”, the policy’s definition of 

insured includes “as an insured any person or organization for whom you have agreed 

in writing to provide liability insurance.” Ex. 3. Another policy endorsement provides 

that the policy covers liability for “bodily injury” assumed in a contract or agreement, and 

provides that Liberty Mutual will defend “any claim made or ‘suit’ brought against the 

indemnitee.” Ex. 4, ¶¶ 1(b)(2) and 2. 

 The policy defines coverage: 

“We will pay those sums that the insured becomes legally 

obligated to pay as damages because of ‘bodily injury’ or 

‘property damage’ to which this insurance applies. We will 

have the right and duty to defend the insured against any 

‘suit’ seeking those damages. Ex. 5 ¶ 1.a 

 

C. The Underlying Action and Tender to Liberty Mutual 

 Joel Belgarde was employed by NAES as a boilermaker to perform work at the 

Boardman Coal Plant pursuant to the Maintenance Contract. On April 16, 2014 Mr. 

Belgarde filed a civil action against PGE in Multnomah County Circuit Court seeking 

$680,000 in economic and non-economic damages due to an injury he allegedly 

sustained May 2, 2012 while working for NAES. Ex. 6. Following receipt of the 

summons and complaint, on May 8, 2014, PGE tendered defense of the action to 

Liberty Mutual. Ex. 7. Liberty Mutual did not respond to the tender. Instead, an 

attorney for NAES advised PGE by letter dated June 25, 2014 that he believed NAES 

was not obligated to indemnify or insure PGE as a matter of Oregon law. Ex. 8. The 
4 PORTLAND GENERAL ELECTRIC COMPANY’S 

 MOTION FORSUMMARY JUDGMENT 

 AND LEGAL MEMORANDUM IN SUPPORT 

fucile & reising LLP 

800 nw 6th ave, ste 211 portland or 97209 

p 503.224.4894 

f 503.224.4332 

letter did not purport to be a response from Liberty Mutual. PGE, by email dated June 

25, 2014, again requested that Liberty Mutual provide the defense and indemnity 

required by the insurance policy. Ex. 9. PGE received no response. 

 PGE denies that it owed any duty to Mr. Belgarde and/or that the accident was 

caused by anything PGE did or did not do. PGE alleges in this federal action that the 

accident was caused by NAES. The evidence developed through discovery in the 

underlying action bears out PGE’s allegation. 

D. Evidence in the Underlying Action 

 The state court complaint alleges plaintiff was injured while working at the 

Boardman Coal Plant with an “air cannon”, installing basketed heating elements that 

weighed 150 to 600 pounds. A hand drawn depiction of the “air cannon” tool is included 

at paragraph 6 of Exhibit 6. Below is a photograph of a nearly identical tool1

, followed 

by a closeup of the main and safety valves on the tool Mr. Belgarde testified he used: 

 

1

 Photographs taken of the actual tool did not turn out nearly as well as this photograph of another, 

functionally identical, tool used by NAES at the Boardman Coal Plant. 
5 PORTLAND GENERAL ELECTRIC COMPANY’S 

 MOTION FORSUMMARY JUDGMENT 

 AND LEGAL MEMORANDUM IN SUPPORT 

fucile & reising LLP 

800 nw 6th ave, ste 211 portland or 97209 

p 503.224.4894 

f 503.224.4332 

 The tool is used by boilermakers to move heavy objects. Ex. 10 at 48:20-49:3. A 

piston attached to the square steel ram at the right end of the tool is driven by 

compressed air and extends to push heavy objects into place. A compressed air hose 

attaches to the left end of the tool. The main valve to actuate the tool is the first valve in 

line, moving left to right from the right end of the tool as depicted above. The next valve 

in line is the safety valve. When open, the safety valve allows compressed air to flow 

out of the tool (assuming the main valve is also open) without actuating the ram. Id. 

63:15-64:3. In order to work, the tool must be chained to the grated floor of the work 

area, or else it will recoil backwards, rather than push the ram forward. 

 Mr. Belgarde prepared a handwritten statement after he was injured. He stated, 

as he did in the underlying complaint, the accident occurred when a loop on his overalls 

caught the main valve of the tool and opened that valve. This caused compressed air to 
6 PORTLAND GENERAL ELECTRIC COMPANY’S 

 MOTION FORSUMMARY JUDGMENT 

 AND LEGAL MEMORANDUM IN SUPPORT 

fucile & reising LLP 

800 nw 6th ave, ste 211 portland or 97209 

p 503.224.4894 

f 503.224.4332 

rush through that valve and out the safety valve of the tool. Mr. Belgarde’s co-worker 

closed the safety valve, causing the tool to recoil backward with force. Ex. 11 at 3. 

 Mr. Belgarde was deposed February 9, 2015. He testified he was working as a 

NAES employee when his assistant foreman told him to use the air cannon tool, even 

though he had never used the tool before. Ex. 10 at 52:3-53:10. The tool was designed 

and built by union Boilermakers in the mid-1990s and has been used by the Boardman 

maintenance contractor since then. Id. 46:14-47:25. Although Mr. Belgarde had seen it 

being used before, neither he nor his coworker, Shawn Niemeyer (also a NAES 

employee) received any training on the use of the tool. Id. 52:3-53:10. They were, for 

example, not trained to shut off the compressed air at its source before moving the 

tool.2

 Id. 54:9-14. 

 As in his handwritten statement and the underlying complaint, Mr. Belgarde 

testified he and Mr. Niemeyer were moving the tool with the main valve closed, and the 

safety valve open, when the handle of the main valve caught in a loop in Mr. Belgarde’s 

overalls and was accidentally opened. Id. 68:14-69:3. As Mr. Belgarde testified, this 

caused the tool to be “actuated.” Id. Then, according to underlying complaint: 

“Plaintiff’s co-worker instinctively reached for the safety valve and closed it which 

caused the air cannon to shoot backwards with great force, causing severe injury to 

plaintiff.” Ex. 6 at 3, ¶ 9. See also Ex. 10 at 72:4-9. Because the tool was not chained 

down, it recoiled backward with Mr. Belgarde holding onto it. Id. 72:14-20. 

 

2

 Mr. Belgarde testified the tool was connected to a compressed air supply that was two flights of stairs up 

from his work area. Id. 66:21-24. He also testified he did not recall whether there was an “in-line” shut off 

valve that would have allowed him to shut off the air supply in his work area. Id. 55:17-19. He did not 

shut the air off at the source for convenience sake. Id. 64:4-10. The evidence at trial will be there was a 

source of compressed air just steps away from Mr. Belgarde’s work area. 
7 PORTLAND GENERAL ELECTRIC COMPANY’S 

 MOTION FORSUMMARY JUDGMENT 

 AND LEGAL MEMORANDUM IN SUPPORT 

fucile & reising LLP 

800 nw 6th ave, ste 211 portland or 97209 

p 503.224.4894 

f 503.224.4332 

 Mr. Belgarde’s right biceps was injured as a result of the accident. He applied for 

and has, so far, received approximately $200,000 in workers compensation benefits. 

Ex. 12. A “date certain” trial in the underlying action is set for July 20, 2015. 

II. DISCUSSION 

A. Summary Judgment Standard 

 Summary judgment should be granted if there are no genuine issues of material 

fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). 

If the moving party shows that there are no genuine issues of material fact, the nonmoving party must go beyond the pleadings and designate facts showing an issue for 

trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322–23, 106 S.Ct. 2548, 91 L.Ed.2d 265 

(1986). A scintilla of evidence, or evidence that is merely colorable or not significantly 

probative, does not present a genuine issue of material fact. United Steelworkers of 

America v. Phelps Dodge, 865 F.2d 1539, 1542 (9th Cir.1989). 

B. Oregon Statutes Do Not Void Liberty Mutual’s Duties to PGE 

 The facts should not be in dispute. The issue is purely legal: Where PGE is an 

additional insured on a Liberty Mutual CGL policy written for a PGE contractor, does 

Oregon law void Liberty Mutual’s obligation to defend and indemnify PGE under that 

policy? Other judges in this District have addressed the same, or very similar, issues on 

several occasions. Each case involves an underlying tort action brought by an injured 

worker employed by a subcontractor. In each case, the general contractor is named as 

defendant in the underlying action. In each case, the general contractor is also an 

“additional insured” on the subcontractor’s liability insurance policy. And, in each case 
8 PORTLAND GENERAL ELECTRIC COMPANY’S 

 MOTION FORSUMMARY JUDGMENT 

 AND LEGAL MEMORANDUM IN SUPPORT 

fucile & reising LLP 

800 nw 6th ave, ste 211 portland or 97209 

p 503.224.4894 

f 503.224.4332 

the general contractor brought an action against the subcontractor’s insurer for 

enforcement of the general contractor’s right to coverage under the policy. Each time, 

the Court has ruled in favor of the “additional insureds” and rejected the insurers’ 

arguments that Oregon law voids an insurer’s duties or otherwise negates an additional 

insured’s rights. A summary of decisions from the last 10 years includes: 

● Tudor Ins. Co. v. Wright, 2005 WL 425464 (February 18, 2005) (Judge Marsh 

adopting Report and Recommendation from Magistrate Judge Stewart that the 

additional insured was entitled to indemnity and defense from the insurer so long 

as the subcontractor “played a role in causing the accident.” at *1); 

● Hoffman Construction Company of Oregon v. Travelers Indemnity I Insurance 

Company, 2005 WL 3689487 (November 28, 2005) (Judge Aiken finding that 

Oregon law permits construction agreements that require a subcontractor to 

obtain an “additional insured” endorsement in favor of a general contractor and, 

therefore, obligating the subcontractor’s insurer to defend the general contractor 

in an underlying state tort action); 

● Richardson v. Howard S. Wright Construction Co., 2007 WL 1467411 (May 18, 

2007) (Magistrate Judge Stewart finding “no reason to revisit Tudor” and 

rejecting the argument that an agreement to provide insurance is void under 

Oregon law; 

● Continental Casualty Insurance Co. v. Zurich American Insurance Co., 2009 WL 

231463 (January 29, 2009) (Judge King finding that under Oregon law a 

provision requiring a subcontractor to procure insurance is enforceable); 

● Clarendon National Insurance Company v. American States Insurance Company, 

688 F Supp2d 1186 (D. OR. 2010) (Judge Jones finding that Oregon law does 

not preclude subcontractor’s insurer’s coverage obligation); 

● American Hallmark Insurance Co. of Texas v. American Family Insurance Co., 

2011 WL 2199155 (June 9, 2011) (Judge Aiken finding that Oregon law does not 

preclude the subcontractor’s insurer’s indemnity obligation to the extent the 

subcontractor’s negligence caused the plaintiff in the underlying action’s loss). 

 
9 PORTLAND GENERAL ELECTRIC COMPANY’S 

 MOTION FORSUMMARY JUDGMENT 

 AND LEGAL MEMORANDUM IN SUPPORT 

fucile & reising LLP 

800 nw 6th ave, ste 211 portland or 97209 

p 503.224.4894 

f 503.224.4332 

1. ORS 30.140 

 The Oregon law addressed in all these decisions is ORS 30.140. That statute 

provides that a provision in a construction contract requiring a contractor to indemnify 

an owner (or another contractor) from the indemnitee’s own negligence is void. ORS 

30.140(1). This statute has also been construed by the Oregon Supreme Court to 

invalidate an additional insured requirement, if the contractor is required to procure 

additional insurance for losses arising from the indemnitee’s sole fault. Walsh 

Construction Co. v. Mutual of Enumclaw, 338 Or 1, 4, 104 P3d 1146 (2005). 

 What distinguishes PGE’s position, and the plaintiffs’ positions in the cases 

referenced above, from the reach of ORS 30.140(1) and the holding of Walsh, is that 

PGE is not seeking indemnity for a loss arising from PGE’s sole fault. Mr. Belgarde’s 

injury was caused by NAES in at least the following particulars: 1) NAES’s failure to 

train its employees, Mr. Belgarde and Mr. Neiemeyer, in the safe operation of the air 

cannon; 2) NAES’s failure to require the same employees to follow commonsense 

safety practices, such as turning off the source of compressed air before moving a tool 

referred to as an “air cannon”; 3) NAES’s failure to provide an “in-line” shut off valve that 

would have allowed Mr. Belgarde or a co-worker to shut off the compressed air without 

having to climb two flights of stairs; 4) NAES’s failure to use a source of compressed air 

closer to where the work was being performed, so the compressed air could more 

conveniently be shut off before the tool was moved; 5) a NAES employee’s (Mr. 

Belgarde’s) negligence in allowing a loop on his overalls to open the main valve of the 

air cannon while moving it; 6) a NAES employee’s (Mr. Niemeyer’s) negligence in 
10 PORTLAND GENERAL ELECTRIC COMPANY’S 

 MOTION FORSUMMARY JUDGMENT 

 AND LEGAL MEMORANDUM IN SUPPORT 

fucile & reising LLP 

800 nw 6th ave, ste 211 portland or 97209 

p 503.224.4894 

f 503.224.4332 

shutting off the safety valve of the air cannon after the main valve opened; 7) NAES’s 

failure to inspect and maintain the air cannon before use to determine if the valves 

needed to be replaced or reconfigured (as Mr. Belgarde contends in the underlying 

action); and 8) NAES’s failure to protect its employees from what Mr. Belgarde contends 

is an unsafely designed tool. Ex. 6, ¶ 9. Taking the salient fact that NAES’s negligence 

caused the accident into account, there is no possible argument that ORS 30.140(1) 

and Walsh relieve Liberty Mutual of its duties to defend and indemnify PGE in the 

underlying action. 

2. ORS 656.018 

 In addition to ORS 30.140(1), PGE anticipates Liberty Mutual may also argue 

that Oregon’s workers compensation law (ORS 656.018(1)(a)) immunizes NAES, and 

therefore Liberty Mutual, from liability to PGE. This argument was rejected by Judge 

Jones in Clarendon, 688 F Supp2d at 1189. It should be rejected here for the same 

reason. ORS 656.018(1)(a) makes an employer immune from liability, including “claims 

for contribution or indemnity asserted by third persons from whom damages are 

sought.” 

 Judge Jones concluded the statute “does not void defendant’s agreement to 

purchase liability insurance, nor does it void the ‘additional insured’ provisions.” 688 F 

Supp 2d at 1189. That ruling relies upon an en banc decision of the Oregon Court of 

Appeals: Montgomery Elevator Co. v. Tuality Community Hospital, Inc., 101 Or App 

299, 790 P2d 1148 (1990) (en banc). There, the question was whether ORS 

656.018(1)(a) voided an agreement by a contractor to purchase liability insurance in 
11 PORTLAND GENERAL ELECTRIC COMPANY’S 

 MOTION FORSUMMARY JUDGMENT 

 AND LEGAL MEMORANDUM IN SUPPORT 

fucile & reising LLP 

800 nw 6th ave, ste 211 portland or 97209 

p 503.224.4894 

f 503.224.4332 

favor of a landowner on whose premises the contractor was working when the 

contractor’s employee was injured, i.e. the same facts presented here. The contractor 

argued that indemnity agreements and agreements to procure insurance are identical 

and are both void under Oregon law. The Court of Appeals disagreed: 

“’[A] promise to obtain insurance is not the same as a promise to 

indemnify. * * *. Under an indemnity agreement, the promisor agrees to 

assume all responsibility and liability for any injuries and damages. Under 

an agreement to obtain insurance, the promisor merely agress to procure 

the insurance and pay the premium on it. Once the insurance is obtained, 

the promisor bears no responsibility in the event of injury or damage even 

if the insurer should breach the insurance agreement through no fault of 

the promisor.’” Montgomery Elevator, 101 Or App at. 303, quoting Zettel v. 

Paschen Contractors, Inc., 100 Ill.App.3d 614, 618, 56 Ill.Dec. 109, 427 

N.E.2d 189 (1981) (Other citations omitted in original.) 

 Under Oregon law NAES’s contractual obligation to insure PGE is enforceable, 

as is the underlying insurance policy issued by Liberty Mutual. 

C. Liberty Mutual Owes PGE Duties of Defense and Indemnity 

 With neither ORS 30.140 nor 658.018 voiding the additional insured 

endorsement and PGE’s right to coverage under the policy, the question becomes 

whether PGE is entitled to a defense of the underlying action, indemnity for any losses 

incurred or both. The answer is: both. 

 Oregon law distinguishes an obligation to indemnify against loss from an 

obligation to provide a defense. The difference is that a duty to defend is triggered by 

the bare allegations of the complaint in the underlying action, while an indemnity 

obligation arises “by proof of actual facts demonstrating a right to recover.” Id. at 1192-

93 citing Ledford v. Gutoski, 319 OR 397, 399-400, 877 P2d 80 (1994); Northwest 

Pump & Engineering Co. v. American States Ins. Co., 144 Or App 222, 226-27 (1996). 
12 PORTLAND GENERAL ELECTRIC COMPANY’S 

 MOTION FORSUMMARY JUDGMENT 

 AND LEGAL MEMORANDUM IN SUPPORT 

fucile & reising LLP 

800 nw 6th ave, ste 211 portland or 97209 

p 503.224.4894 

f 503.224.4332 

The allegations of the underlying complaint establish that PGE is entitled to a defense 

under settled Oregon law. And, the uncontested facts presented by this motion 

establish that PGE is entitled to indemnification. 

1. Liberty Mutual Owes PGE a Duty of Defense 

“The insurer has a duty to defend if the complaint provides 

any basis for which the insurer provides coverage. Even if 

the complaint alleges some conduct outside the coverage of 

the policy, the insurer may still have a duty to defend if 

certain allegations of the complaint, without amendment, 

could impose liability for conduct covered by the policy. Any 

ambiguity in the complaint with respect to whether the 

allegations could be covered is resolved in favor of the 

insured.” Ledford, 319 Or at 400 (citations omitted) 

(emphasis in original). 

 

 In other words, whether the insurer owes a duty to defend depends on whether 

the underlying complaint includes allegations that “raise by implication the possibility 

that [NAES] was at fault in a way that triggers coverage under the additional insured 

endorsements.” Clarendon at 1192. Here, the complaint includes such allegations. Mr. 

Belgarde alleges in his complaint that a NAES employee (Mr. Belgarde) allowed a loop 

in his overalls to accidentally open the main valve of the air ram while he was moving 

that tool. And his co-worker, also a NAES employee, closed the safety valve, causing 

the air ram to actuate. At a bare minimum, these allegations imply that NAES was at 

fault and had at least some role in causing the accident. Thus, under the reasoning of 

Ledford, Liberty Mutual owes PGE a defense of the underlying action. PGE respectfully 

requests that the Court declare that Liberty Mutual owes this duty and award PGE its 

defense costs incurred in the underlying action as a consequence of Liberty Mutual’s 
13 PORTLAND GENERAL ELECTRIC COMPANY’S 

 MOTION FORSUMMARY JUDGMENT 

 AND LEGAL MEMORANDUM IN SUPPORT 

fucile & reising LLP 

800 nw 6th ave, ste 211 portland or 97209 

p 503.224.4894 

f 503.224.4332 

breach of its duty to defend. If necessary, PGE requests an opportunity to present 

evidence of the costs and expenses it has incurred. 

2. Liberty Mutual Owes PGE a Duty of Indemnity 

“The duty to indemnify is independent of the duty to defend. 

Even when an insurer does not have a duty to defend based 

on the allegations in the initial complaint, the facts proved at 

trial on which liability is established may give rise to a duty to 

indemnify if the insured’s conduct is covered. Ledford at 403 

(citations omitted). 

 The facts presented by PGE’s motion demonstrate that not only was the accident 

caused when Mr. Belgarde accidentally opened the main valve of the tool and his coworker closed the safety valve, but a NAES assistant foreman told Mr. Belgarde and his 

co-worker to use the tool, without training either of them on its safe use. These facts 

establish that NAES played a role in causing the underlying accident. There is no 

genuine question of fact for trial that NAES bears responsibility for the accident. 

Because the facts establish that NAES is liable for the conduct covered by the policy, 

PGE is entitled to be indemnified for any damages incurred in connection with the 

accident and respectfully requests that the Court declare that Liberty Mutual owes PGE 

such indemnification. 

III. CONCLUSION 

 For all of the reasons stated above, PGE respectfully requests that the Court 

grant summary judgment in its favor.3

 PGE further requests that the Court: 

 1. Declare that Liberty Mutual owes PGE a duty of defense in the underlying 

action; 

 

3

 PGE reserves the right to petition for an award of its attorney fees incurred in this action. 
14 PORTLAND GENERAL ELECTRIC COMPANY’S 

 MOTION FORSUMMARY JUDGMENT 

 AND LEGAL MEMORANDUM IN SUPPORT 

fucile & reising LLP 

800 nw 6th ave, ste 211 portland or 97209 

p 503.224.4894 

f 503.224.4332 

 2. Declare that Liberty Mutual owes PGE a duty of indemnity in the 

underlying action; and 

 3. Enter a money judgment in favor of PGE for the costs and expenses it has 

incurred defending itself in the underlying action, in an amount to be determined. 

Dated: March 6, 2015. 

 FUCILE & REISING LLP 

 /s/ Daniel K. Reising __________ 

 Daniel K. Reising, OSB No. 96410 

 Portland Union Station 

 800 NW 6th Ave., Ste 211 

 Portland OR 97209 

 Tel. 503.224.4894 

 Fax 503.224.4332 

 Attorneys for Plaintiff Portland General 

 Electric Company 

CERTIFICATE OF COMPLIANCE

 This brief complies with the applicable word-count limitation under LR 7-2(b) 

because it contains 3,546 words. 

 /s/ Daniel K. Reising __________ 

 Daniel K. Reising, OSB No. 96410 
APPENDIX OF EXHIBITS

Exhibit Number Description

Exhibit 1 ....................................... Excerpts from PGE/NAES Contract 

Exhibit 2 ....................................... Certificate of Liability Insurance 

Exhibit 3 ....................................... Blanket Additional Insured Endorsement 

Exhibit 4 ....................................... Contractual Liability Exclusion Endorsement 

Exhibit 5....................................... Excerpts from Liberty Mutual Policy 

Exhibit 6....................................... Underlying Complaint 

Exhibit 7....................................... May 8, 2014 Tender to Liberty Mutual 

Exhibit 8....................................... June 25, 2014 Letter from NAES 

Exhibit 9 ....................................... June 25, 2014 Email to Liberty Mutual 

Exhibit 10....................................... Excerpts from Joel Belgarde Deposition 

Exhibit 11....................................... Handwritten Statement of Joel Belgarde 

Exhibit 12....................................... Summary of Workers Compensation Payments 
EXHIBIT 

1 
PORTLAND GENERAL ELECTRIC COM1'ANY 

AND 

NAESPOWER CONTRACTORS 

BOARDMAN MAINTENANCE CONI'RACT 

DECEMBER 17,2008 

NAES Power Contactors 

Contract No. TBDM000125 

INDEX OF ARTICLES: 

Article 1. 

Article 2. 

Article 3. 

Artic1e4. 

Article 5. 

Article 6. 

Article 7. 

Article 8. 

Article 9. 

Article 10. 

Article 11. 

Article 12. 

Article 13. 

Article 14. 

Article 15. 

Article 16. 

Article 17. 

Article 18. 

Article 19. 

Article 20. 

Article 21. 

Article 22. 

Article 23. 

Article 24. 

Article 25. 

Article 26. 

Article 27. 

*:Article 28. 

Article 29. 

Article 30. 

Article 31. 

Artiele 32. 

Article 33. 

Description of Work ............................................................................................... 1 

Period of Perfonnance ... ., ................................................... " .................................. 2 

Consideration .......................................................................................................... 2 

Paylnent. .................................................................................................................. 3 

Intent of Special Terms .................................................................. , .......... , ............. 3 

Specifications and Drawings ................................................................................... 3 

COIltmctor~s Representations and Warranties ......................................................... 3 

Patent and Copyright. ..................................................................................... n ....... 5 

FHstorical Artifaets .................................................................................................. 6 

Contractor-Provided Materials ................................................................................ 6 

Expediting by COlllpany ......................................................................................... 7 

Codes, Standar'ds and Penn its ................................................................................. 7 

Unforeseen Conditions ............................................................................................ 7 

Inspection ................................................................................................................ '7 

Superintendence by Contractor ............................................................................... 7 

Discovery of Contract Errors, Omissions or Discrepancies ................................... 8 

Changes ................................................................................................................... 8 

Correction of Work . .,*It .... * .... 4.1t ... ~ ...... lf' •••• II ••• + .................... ".* ........... " .. , •• *." ••• ' ..... 1.1i'!! •••••••••••••••• 8 

"Warranty ................................................................................................................. 9 

Accounting .and l\uditing ........................................................................................ 9 

Cooperation with Others ......................................................................................... 9 

Tennination for Cause .......................................................................................... 10 

'fermination for Convenience ............................................................................... 10 

Suspension of Work .............................................................................................. 10 

Protection of Work - Preservation of Publici Private Access ............................... 11 

Indemnification ..................................................................................................... 11 

Protection of Workers ........................................................................................... 11 

Insurance ...................................................................... " ....................................... 12 

Liens.,. ..... , ........................... f ................... ~,.. .... " ••• lIt ............................ , ............ , ••••• , ................... 14 

I\ssignlnent. .......... , ............................................................................................... 15 

Independent Contfactor ........................................ , ................... , ............................ 15 

Subcontracts .......................................................................................................... 15 

Contractor-Furnished Drawings and Data ............................................................ 16 

EXHIBIT 1

PORTLAND GENERAL ELECTRIC COM1'ANY 

AND 

NAESPOWER CONTRACTORS 

BOARDMAN MAINTENANCE CONI'RACT 

DECEMBER 17,2008 

NAES Power Contactors 

Contract No. TBDM000125 

INDEX OF ARTICLES: 

Article 1. 

Article 2. 

Article 3. 

Artic1e4. 

Article 5. 

Article 6. 

Article 7. 

Article 8. 

Article 9. 

Article 10. 

Article 11. 

Article 12. 

Article 13. 

Article 14. 

Article 15. 

Article 16. 

Article 17. 

Article 18. 

Article 19. 

Article 20. 

Article 21. 

Article 22. 

Article 23. 

Article 24. 

Article 25. 

Article 26. 

Article 27. 

*:Article 28. 

Article 29. 

Article 30. 

Article 31. 

Artiele 32. 

Article 33. 

Description of Work ............................................................................................... 1 

Period of Perfonnance ... ., ................................................... " .................................. 2 

Consideration .......................................................................................................... 2 

Paylnent. .................................................................................................................. 3 

Intent of Special Terms .................................................................. , .......... , ............. 3 

Specifications and Drawings ................................................................................... 3 

COIltmctor~s Representations and Warranties ......................................................... 3 

Patent and Copyright. ..................................................................................... n ....... 5 

FHstorical Artifaets .................................................................................................. 6 

Contractor-Provided Materials ................................................................................ 6 

Expediting by COlllpany ......................................................................................... 7 

Codes, Standar'ds and Penn its ................................................................................. 7 

Unforeseen Conditions ............................................................................................ 7 

Inspection ................................................................................................................ '7 

Superintendence by Contractor ............................................................................... 7 

Discovery of Contract Errors, Omissions or Discrepancies ................................... 8 

Changes ................................................................................................................... 8 

Correction of Work . .,*It .... * .... 4.1t ... ~ ...... lf' •••• II ••• + .................... ".* ........... " .. , •• *." ••• ' ..... 1.1i'!! •••••••••••••••• 8 

"Warranty ................................................................................................................. 9 

Accounting .and l\uditing ........................................................................................ 9 

Cooperation with Others ......................................................................................... 9 

Tennination for Cause .......................................................................................... 10 

'fermination for Convenience ............................................................................... 10 

Suspension of Work .............................................................................................. 10 

Protection of Work - Preservation of Publici Private Access ............................... 11 

Indemnification ..................................................................................................... 11 

Protection of Workers ........................................................................................... 11 

Insurance ...................................................................... " ....................................... 12 

Liens.,. ..... , ........................... f ................... ~,.. .... " ••• lIt ............................ , ............ , ••••• , ................... 14 

I\ssignlnent. .......... , ............................................................................................... 15 

Independent Contfactor ........................................ , ................... , ............................ 15 

Subcontracts .......................................................................................................... 15 

Contractor-Furnished Drawings and Data ............................................................ 16 
Article 34. 

Article 35. 

Article 36. 

Article 37. 

Article 38. 

Article 39. 

Article 40. 

Article 41. 

Article 42. 

Article 43. 

Article 44. 

Article 45. 

Article 46. 

Article 47. 

Article 48. 

Article 49. 

Article 50. 

Article 51. 

Article 52. 

Article 53. 

Article 54. 

Article 55. 

Article 56. 

Use of Premises and Trespass ............................................................................... 16 

Accident Prevention .............................................................................................. 16 

Cleanup ................................................................................................................. 17 

Disputes ................................................................................................................. 17 

Notices and Demands ........................................................................................... 19 

Use of Completed Portions ofWork. .................................................................... 19 

Progress ................................................................................................................. 20 

Delays ................................................................................................................... 20 

Labor ..................................................................................................................... 21 

Site Regulations ..................................................................................................... 21 

Use of Hazardous Substances ............................................................................... 21 

Contractor's PersOIlllellHiring of Convicted F elons/Drugs, Alcohol and Firearms. 

.. ............................................................................................................................. 21 

Laws and Regulations ........................................................................................... 23 

Confidentiality/Nondisclosure .............................................................................. 23 

Release of Information - Advertising and Promotion ........................................... 25 

Nonwaiver ............................................................................................................. 25 

Costs and Attorney Fees ....................................................................................... 25 

Severability ........................................................................................................... 26 

Third Parties ............................................................................... 26 

Survival ................................................................................................................. 26 

English Language .................................................................................................. 26 

Applicable Law ...................................................................................................... 26 

Complete Agreement and Effective Date ............................................................. 27 

EXHIBIT 1

Article 34. 

Article 35. 

Article 36. 

Article 37. 

Article 38. 

Article 39. 

Article 40. 

Article 41. 

Article 42. 

Article 43. 

Article 44. 

Article 45. 

Article 46. 

Article 47. 

Article 48. 

Article 49. 

Article 50. 

Article 51. 

Article 52. 

Article 53. 

Article 54. 

Article 55. 

Article 56. 

Use of Premises and Trespass ............................................................................... 16 

Accident Prevention .............................................................................................. 16 

Cleanup ................................................................................................................. 17 

Disputes ................................................................................................................. 17 

Notices and Demands ........................................................................................... 19 

Use of Completed Portions ofWork. .................................................................... 19 

Progress ................................................................................................................. 20 

Delays ................................................................................................................... 20 

Labor ..................................................................................................................... 21 

Site Regulations ..................................................................................................... 21 

Use of Hazardous Substances ............................................................................... 21 

Contractor's PersOIlllellHiring of Convicted F elons/Drugs, Alcohol and Firearms. 

.. ............................................................................................................................. 21 

Laws and Regulations ........................................................................................... 23 

Confidentiality/Nondisclosure .............................................................................. 23 

Release of Information - Advertising and Promotion ........................................... 25 

Nonwaiver ............................................................................................................. 25 

Costs and Attorney Fees ....................................................................................... 25 

Severability ........................................................................................................... 26 

Third Parties ............................................................................... 26 

Survival ................................................................................................................. 26 

English Language .................................................................................................. 26 

Applicable Law ...................................................................................................... 26 

Complete Agreement and Effective Date ............................................................. 27 
and, if applicable, under the -federal Longshore and Harbor Workers Compensation Act and the 

Jones Act. Contractor shall furnish to Company evidence of Contractor's compliance with said 

Acts, in fonn acceptable to Company, and during the effective period of this Contract shall not 

modify such methods of compliance without the written consent of Company. 

Article 28.Insurance. 

Liability Insurance 

Prior to starting any Work, Contractor and subcontractors of any tier shall secure and 

continuously carry and supply evidence thereof, with insurers acceptable to PGE (AM Best 

rating of A- VIn or better), the minimum insurance specified in this Section. Contractor 

shall be responsible for determining if additional insurance is needed and such additional 

insurance shall be obtained by Contractor at its own expense. The issuance or maintaining 

of insurance of any type by Contractor or PGE shall not be deemed or construed to release, 

limit, waive or discharge Contractor from any and all of the obligations and risks imposed 

by this Agreement upon Contractor, including any liability in excess of the insurance 

coverages required herein. Neither shall any forbearance nor omission by PGE to require 

proof of insurance from Contractor before permitting Contractor to proceed or continue with 

the Services be deemed a waiver of PGE's rights or Contractor's obligations regarding the 

provisions of insurance under this Agreement. Contractor shall be responsible for the cost 

of satisfying any deductible for claims made under the coverage required below. 

• Employers Liability insurance with limits not less than: 

$5,000,000 each accident for bodily injury by accident 

$5,000,000 policy limit for bodily injury by disease 

$5,000,000 each employee for bodily injury by disease 

• Commercial General Liability insurance covering all operations by or on behalf of 

Contractor providing insurance for Bodily Injury Liability and Property Damage 

Liability for limits of liability indicated below and including coverage for: 

a) premises and operations; 

b) products and completed operations; 

c) contractual liability insuring the obligations assumed by Contractor in this 

Agreement; 

d) broad fonn property damage (including completed operations); 

e) bodily injury and personal injury liability; and 

f) explosion, collapse and underground (XCV) hazards (where applicable); 

Except with respect to bodily injury and property damage included within the 

products and completed operations hazards, the general aggregate limit (where 

applicable) shall apply separately to the Work under this Agreement. 

If Contractor's insurance coverage is maintained on a claims made basis, such 

policy shall have a retroactive date on or before the effective date of this agreement and shall 

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EXHIBIT 1

and, if applicable, under the -federal Longshore and Harbor Workers Compensation Act and the 

Jones Act. Contractor shall furnish to Company evidence of Contractor's compliance with said 

Acts, in fonn acceptable to Company, and during the effective period of this Contract shall not 

modify such methods of compliance without the written consent of Company. 

Article 28.Insurance. 

Liability Insurance 

Prior to starting any Work, Contractor and subcontractors of any tier shall secure and 

continuously carry and supply evidence thereof, with insurers acceptable to PGE (AM Best 

rating of A- VIn or better), the minimum insurance specified in this Section. Contractor 

shall be responsible for determining if additional insurance is needed and such additional 

insurance shall be obtained by Contractor at its own expense. The issuance or maintaining 

of insurance of any type by Contractor or PGE shall not be deemed or construed to release, 

limit, waive or discharge Contractor from any and all of the obligations and risks imposed 

by this Agreement upon Contractor, including any liability in excess of the insurance 

coverages required herein. Neither shall any forbearance nor omission by PGE to require 

proof of insurance from Contractor before permitting Contractor to proceed or continue with 

the Services be deemed a waiver of PGE's rights or Contractor's obligations regarding the 

provisions of insurance under this Agreement. Contractor shall be responsible for the cost 

of satisfying any deductible for claims made under the coverage required below. 

• Employers Liability insurance with limits not less than: 

$5,000,000 each accident for bodily injury by accident 

$5,000,000 policy limit for bodily injury by disease 

$5,000,000 each employee for bodily injury by disease 

• Commercial General Liability insurance covering all operations by or on behalf of 

Contractor providing insurance for Bodily Injury Liability and Property Damage 

Liability for limits of liability indicated below and including coverage for: 

a) premises and operations; 

b) products and completed operations; 

c) contractual liability insuring the obligations assumed by Contractor in this 

Agreement; 

d) broad fonn property damage (including completed operations); 

e) bodily injury and personal injury liability; and 

f) explosion, collapse and underground (XCV) hazards (where applicable); 

Except with respect to bodily injury and property damage included within the 

products and completed operations hazards, the general aggregate limit (where 

applicable) shall apply separately to the Work under this Agreement. 

If Contractor's insurance coverage is maintained on a claims made basis, such 

policy shall have a retroactive date on or before the effective date of this agreement and shall 

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be maintained for a period of three (3) years following the agreement's termination or 

expiration. For Contractor, the limits of liability shall not be less than: 

$10,000,000 each occurrence 

$10,000,000 for personal injury and advertising injury liability 

$10,000,000 aggregate for products and completed operations 

$10,000,000 general aggregate 

Business Automobile Liability insurance with a minimum combined single limit of 

$2,000,000 per accident for bodily injury and property damage with respect to 

Contractor's vehicles whether owned, hired or non-owned, assigned to or used in the 

performance of the Work. 

PRIOR TO USING AN AIRCRAFT AND/OR WATERCRAFT OF ANY KIND IN 

PERFORMING THE WORK UNDER THIS AGREEMENT, CONSULTANT 

SHALL NOTIFY PGE AND OBTAIN ITS PRIOR WRITTEN CONSENT [if 

applicablel. If an aircraft and/or watercraft is to be used in performing the Work 

under this Agreement, Aircraft Liability and/or Protection & Indemnity insurance 

covering fixed wing, rotorcraft aircraft, and watercraft whether owned, hired or nonowned with a minimum single limit for bodily injury and property damage of 

$10,000,000 including passenger liability coverage (where applicable) is required. 

Required limits may be met through any combination of primary and excess 

liability policies. With the exception of Workers' Compensation and Employers 

Liability policies required herein shall (i) name PGE, its directors, officers and 

employees as Additional Insureds by endorsement or otherwise, and include (ii) 

a cross-liability and severability of interest clause. The coverage provided to the 

Additional Insured must be at least as broad as that provided to Contractor and may 

not contain any exclusionary language or limitations that are applicable to them, and 

such endorsements shall be maintained in force until such time as all actions on 

account of matters covered by this insurance are barred by applicable statute of 

limitations; 

• Contractor shall purchase and maintain, throughout the term of this Contract, 

property insurance protecting Contractor's property and equipment at the Work site. 

Any deductible maintained under Contractor's property policy(ies) shall be the 

responsibility of the Contractor. Such insurance coverage shall waive all rights of 

subrogation in favor ofPGE. 

All policies required by this Agreement shall include provisions that such insurance is primary 

insurance with respect to the interests of PGE and that any other insurance or self-insurance 

maintained by PGE is in excess of and not contributory with the insurance required hereunder, 

and provisions that such policies shall not be canceled or their limits of liability reduced without 

thirty (30) days prior written notice to PGE. A certificate in a form satisfactory to PGE 

certifying the issuance of such insurance, including required endorsements, shall be furnished to 

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EXHIBIT 1

be maintained for a period of three (3) years following the agreement's termination or 

expiration. For Contractor, the limits of liability shall not be less than: 

$10,000,000 each occurrence 

$10,000,000 for personal injury and advertising injury liability 

$10,000,000 aggregate for products and completed operations 

$10,000,000 general aggregate 

Business Automobile Liability insurance with a minimum combined single limit of 

$2,000,000 per accident for bodily injury and property damage with respect to 

Contractor's vehicles whether owned, hired or non-owned, assigned to or used in the 

performance of the Work. 

PRIOR TO USING AN AIRCRAFT AND/OR WATERCRAFT OF ANY KIND IN 

PERFORMING THE WORK UNDER THIS AGREEMENT, CONSULTANT 

SHALL NOTIFY PGE AND OBTAIN ITS PRIOR WRITTEN CONSENT [if 

applicablel. If an aircraft and/or watercraft is to be used in performing the Work 

under this Agreement, Aircraft Liability and/or Protection & Indemnity insurance 

covering fixed wing, rotorcraft aircraft, and watercraft whether owned, hired or nonowned with a minimum single limit for bodily injury and property damage of 

$10,000,000 including passenger liability coverage (where applicable) is required. 

Required limits may be met through any combination of primary and excess 

liability policies. With the exception of Workers' Compensation and Employers 

Liability policies required herein shall (i) name PGE, its directors, officers and 

employees as Additional Insureds by endorsement or otherwise, and include (ii) 

a cross-liability and severability of interest clause. The coverage provided to the 

Additional Insured must be at least as broad as that provided to Contractor and may 

not contain any exclusionary language or limitations that are applicable to them, and 

such endorsements shall be maintained in force until such time as all actions on 

account of matters covered by this insurance are barred by applicable statute of 

limitations; 

• Contractor shall purchase and maintain, throughout the term of this Contract, 

property insurance protecting Contractor's property and equipment at the Work site. 

Any deductible maintained under Contractor's property policy(ies) shall be the 

responsibility of the Contractor. Such insurance coverage shall waive all rights of 

subrogation in favor ofPGE. 

All policies required by this Agreement shall include provisions that such insurance is primary 

insurance with respect to the interests of PGE and that any other insurance or self-insurance 

maintained by PGE is in excess of and not contributory with the insurance required hereunder, 

and provisions that such policies shall not be canceled or their limits of liability reduced without 

thirty (30) days prior written notice to PGE. A certificate in a form satisfactory to PGE 

certifying the issuance of such insurance, including required endorsements, shall be furnished to 

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PGE. Each policy of insurance obtained by Contractor shall provide that the insurer shall defend 

any suit against the Additional Insureds, even if such suit is frivolous or fraudulent. 

All renewal andlor replacement insurance shall comply with all the terms and conditions set forth 

in this Agreement, and must be delivered to PGE prior to expiration of the previous policy(ies). 

With respect to any insurance Contractor may maintain, including but not limited to that set forth 

herein, Contractor warrants that Contractor has the right to waive any and all rights of 

subrogation which Contractor's insurance carriers might have or claim against PGE, including its 

officers, agents, legal counsel, employees, affiliates, parents, and subsidiaries in connecti9n with 

the Work. Contractor hereby waives all such present and future rights of SUbrogation and agrees 

to defend and indemnify PGE, including its officers, directors, agents, legal counsel, employees, 

affiliates, parents, and subsidiaries in connection with the Work from all such subrogation 

claims. Contractor shall require of its subcontractors similar waivers. Contractor's and its 

subcontractor's policies shall provide such waivers by endorsement or otherwise. A waiver of 

subrogation shall be effective as to a person or entity even though that person or entity did not 

pay the insurance premium directly or indirectly and whether or not the person or entity had an 

insurable interest in the property damaged or person injured. 

If Contractor or subcontractor(s) fails to secure and maintain the required insUrance, PGE shall 

have the right (without any obligation to do so) to secure same in the name and for the account of 

the Contractor and subcontractor(s), in which event Contractor or subcontractor(s) shall pay the 

cost thereof and shall furnish upon demand all information that may be required in connection 

therewith. 

Contractor shall report in writing to PGE all accidents whatsoever arising out of or in connection 

with the Work which results in death, injuries, or property damage, giving full details and names, 

addresses and statements of all witnesses. In addition, if death or serious injuries or serious 

damage occur, the same shall be reported immediately by telephone to PGE. If any claim is 

made by a third person against Contractor on account of any accident reSUlting or alleged to have 

resulted out of the performance of the Work, Contractor shall promptly report the facts in writing 

to PGE giving full details of the claim. 

This Section will continue in effect following the expiration or termination of this Contract. 

Article 29.Construction Liens, Final Payment and Final Acceptance. 

Contractor agrees that Company shall have no obligation under ORS § 87.021(4) to 

deliver copies of notices of right to a lien received by Company from parties purporting to be 

performing or furnishing Work under this Contract or on the project, and that Company's failure 

to deliver copies of such notices to Contractor shall have no effect on the obligations of 

Contractor to hold harmless and indemnify Company for construction liens as required by this 

Contract or applicable law. Without negating, abridging or reducing the effect of the prior 

sentence, Company shall make a good faith attempt to deliver promptly to Contractor copies of 

such notices that Company receives. 

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EXHIBIT 1

PGE. Each policy of insurance obtained by Contractor shall provide that the insurer shall defend 

any suit against the Additional Insureds, even if such suit is frivolous or fraudulent. 

All renewal andlor replacement insurance shall comply with all the terms and conditions set forth 

in this Agreement, and must be delivered to PGE prior to expiration of the previous policy(ies). 

With respect to any insurance Contractor may maintain, including but not limited to that set forth 

herein, Contractor warrants that Contractor has the right to waive any and all rights of 

subrogation which Contractor's insurance carriers might have or claim against PGE, including its 

officers, agents, legal counsel, employees, affiliates, parents, and subsidiaries in connecti9n with 

the Work. Contractor hereby waives all such present and future rights of SUbrogation and agrees 

to defend and indemnify PGE, including its officers, directors, agents, legal counsel, employees, 

affiliates, parents, and subsidiaries in connection with the Work from all such subrogation 

claims. Contractor shall require of its subcontractors similar waivers. Contractor's and its 

subcontractor's policies shall provide such waivers by endorsement or otherwise. A waiver of 

subrogation shall be effective as to a person or entity even though that person or entity did not 

pay the insurance premium directly or indirectly and whether or not the person or entity had an 

insurable interest in the property damaged or person injured. 

If Contractor or subcontractor(s) fails to secure and maintain the required insUrance, PGE shall 

have the right (without any obligation to do so) to secure same in the name and for the account of 

the Contractor and subcontractor(s), in which event Contractor or subcontractor(s) shall pay the 

cost thereof and shall furnish upon demand all information that may be required in connection 

therewith. 

Contractor shall report in writing to PGE all accidents whatsoever arising out of or in connection 

with the Work which results in death, injuries, or property damage, giving full details and names, 

addresses and statements of all witnesses. In addition, if death or serious injuries or serious 

damage occur, the same shall be reported immediately by telephone to PGE. If any claim is 

made by a third person against Contractor on account of any accident reSUlting or alleged to have 

resulted out of the performance of the Work, Contractor shall promptly report the facts in writing 

to PGE giving full details of the claim. 

This Section will continue in effect following the expiration or termination of this Contract. 

Article 29.Construction Liens, Final Payment and Final Acceptance. 

Contractor agrees that Company shall have no obligation under ORS § 87.021(4) to 

deliver copies of notices of right to a lien received by Company from parties purporting to be 

performing or furnishing Work under this Contract or on the project, and that Company's failure 

to deliver copies of such notices to Contractor shall have no effect on the obligations of 

Contractor to hold harmless and indemnify Company for construction liens as required by this 

Contract or applicable law. Without negating, abridging or reducing the effect of the prior 

sentence, Company shall make a good faith attempt to deliver promptly to Contractor copies of 

such notices that Company receives. 

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( 

( 

Article 56. Complete Agreement and Effective Date. 

This Contract and any referenced attachments constitute the complete agreement between 

the parties and supersedes all prior negotiations, representations or agreements, whether oral or 

written, related to the subject matter of this Contract. It is subject to change only by an 

instrument executed in writing by Company. 

Article 57. Counterparts. 

This Contract may be executed in any number of counterparts, which together will 

constitute one instrument. 

Cuntractor 

BY~:2 Name: Robert J. oore Name: 

:;~ Saechao-Ly 

Title: President Title: Buyer 

Date: December J 7, 2008 Date: December M. 2008 

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EXHIBIT 1

( 

( 

Article 56. Complete Agreement and Effective Date. 

This Contract and any referenced attachments constitute the complete agreement between 

the parties and supersedes all prior negotiations, representations or agreements, whether oral or 

written, related to the subject matter of this Contract. It is subject to change only by an 

instrument executed in writing by Company. 

Article 57. Counterparts. 

This Contract may be executed in any number of counterparts, which together will 

constitute one instrument. 

Cuntractor 

By~;2 

Name: Robert J. oore Name: 

:;~ Saechao-Ly 

Title: President Title: Buyer 

Date: December J 7, 2008 Date: December M. 2008 

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EXHIBIT 

2 
ACORD® CERTIFICATE OF LIABILITY INSURANCE I 

DATE (MMIDDfYYYV) 

~ 0511612012 

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 

BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to 

the terms and conditions of the polley, certain policies may require an endorsement. A statement on this certificate does not confer rights to the 

certificate holder in lieu of such endorsement(s). 

PRODUCER CONTACT NAME: Marsh USA Inc. 

13015thAvenue, SUite 1900 rA~gNJ". ElCl\, I ma No): 

seattle. WA 98101 E-MAIL 

Al1n: SeatlJe.CertRequesl@marsh.com/F:212-948-4325 ADDRESS: 

INSURERlS) AFFORDING COVERAGE NAICII 

21340-PC-AlL-12-13 INSURER A: Liberty Mutual Insurance Company 23043 

INSURED INSURER B : ACE American Insurance Company 22667 

NAES Power Contractors, Inc. 

INSURER C : Associated EJeclric & Gas Ins Sentices Ltd 3190004 Attn: Kim Lemasler 

1180 NW Maple Street. Ste 200 INSURER D: American Guaranlee & Uabnity Ins Co 26247 

Issaquah, WA 98027 

INSURERE: 

INSURERF: 

COVERAGES CERTIFICATE NUMBER' SEA-001992205-09 REVISION NUMBER' 6 

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 

INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 

INSR LTR TYPE OF INSURANCE ~t~~i I~~~ POLICY NUMBER II~PJJ%MVv, (~PJ6<f,M~~ LIMITS 

A GENERAL LIABILITY TB1-091-544505-011 11/01/2011 11/0112012 EACH OCCURRENCE $ 1,000,000 . -:-

~ ~:~~~~?~~~;'~nce) 100.000 .51MERCIAL GENERAL LIABIlITY $ 

_ CLAIMS-MADE ~ OCCUR MED EXP (MY one person) $ 5,000 

PERSONAL & ADV INJURY $ 1,000,000 -

GENERAL AGGREGATE $ 3,000,000 -

~'L AGGREnE LIMIT APFlS PER: PRODUCTS - COM PlOP AGG $ 1,000,000 

X POLICY ~~8i LOC $ 

D AUTOtlOBILE LIABILITY BAP9830191..Q2 05120/2012 05/2012013 f8~~~~~trINGLE LIMIT ·s 1,000.000 ~ 

X ANY AUTO BODI L Y INJURY (par parson) $ 

I-- ALL OWNED - SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS I-- - NON·OWNEO HIRED AUTOS AUTOS rp~~~~c%~RAMAGE $ I-- - COMP/COLL OED $ 1,000 

C UMBRELLA LIAS M OCCUR XL5046802P 0512012012 OS/2012013 EACH OCCURRENCE $ 1,000,000 

f-y- EXCESS L1AB X CLAIMS.MADE AGGREGATE $ 

OED I X I RETENTION S 200.000 $ 

B WORKERS COMPENSATION WLRC4678473A 05120/2012 0512012013 X IT';';~~RWsl IOJ~- AND EMPLOYERS' LIABILITY YIN 1,000,000 ANY PROPRIETORIPARTNEAlF.XECUllVE [[] El. EACH ACCIDENT S OFFICEAlMEMBER EXCLUDED? N/A 1,000,000 (Mandalory in NH) E.L DISEASE· EA EMPLOYEE $ 

If yes, describe under 

DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 

DESCRIPTION OF OPERATIOIIS I LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is rf)<juired) 

RE: NPC-WEST 

PORTLAND GENERAL ELECTIC IS INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT AND ALLOWED BY LA.w , EXCEPT WORKERS COMPENSATION. 

CERTIFICATE HOLDER CANCELLATION 

PORTLAND GENERAL ELECTRIC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 

2213 SW 153RD DRIVE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 

BEAVORTON, OR 97006 ACCORDANCE WITH THE POLICY PROVISIONS. 

AUTHORIZED REPRESENTATIVE 

of Marsh USA Inc. 

I Beverly A. Wold ~4~/ 

ACORD 25 (2010/05) 

© 1988-2010 ACORD CORPORATION. 

The ACORD name and logo are registered marks of ACORD 

All nghts reserve~ 

EXHIBIT 2

'\{V'I 

ACORD® CERTIFICATE OF LIABILITY INSURANCE I 

DATE (MMIDDfYYYV) 

~ 0511612012 

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 

BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to 

the terms and conditions of the polley, certain policies may require an endorsement. A statement on this certificate does not confer rights to the 

certificate holder in lieu of such endorsement(s). 

PRODUCER CONTACT NAME: Marsh USA Inc. 

rJJgNJo. 1':1<11: I FAX 13015thAvenue, SUite 1900 (AiC Nol: 

seattle. WA 98101 E-MAIL ADDRESS: Al1n: SeatlJe.CertRequesl@marsh.com/F:212-948-4325 INSURER{S) AFFORDING COVERAGE NAICII 

21340-PC-AlL-12-13 INSURER A: Liberty Mutual Insurance Company 23043 

INSURED INSURER B : ACE American Insurance Company 22667 

NAES Power Contractors, Inc. 

INSURER C : Associated EJeclric & Gas Ins Sentices Ltd 3190004 Attn: Kim Lemaster 

1180 NW Maple Street. Ste 200 INSURER D: American Guarantee & Uabnity Ins Co 26247 

Issaquah, WA 98027 

INSURERE: 

INSURERF: 

COVERAGES CERTIFICATE NUMBER' SEA-001992205-09 REVISION NUMBER' 6 

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 

INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 

INSR LTR TYPE OF INSURANCE ~t~~; SJ1~~ POLICY NUMBER IlOUCV~ MMJDDfYYYY [!OLlCY MMJDDfYVY E~~ LIMITS 

A GENERAL LIABILITY TB1-091-544505-011 11/01/2011 11/0112012 EACH OCCURRENCE S 1,000,000 . '-:-:-

~ ~:~~~~9~~~;'~nce\ 100.000 ::51MERCIAL GENERAL lIABllITV S 

~ CLAIMS-MADE ~ OCCUR MED EXP (MY one person) $ 5,000 

PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 3,000,000 -

1l'L AGGREnE LIMIT APaS PER: PRODUCTS - COMPiOP AGG $ 1,000,000 

X POLICY ~~R,: LOC $ 

D AUTOtlOBILE LIABILITY BAP9830191..Q2 05120/2012 05/2012013 f8~~~~~tfINGLE LIMIT S 1,000.000 ~ 

X ANY AUTO BODI L Y INJURY (par parson) $ 

- ALLOWNED ,...- SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS - r--- NON·OWNEO HIRED AUTOS AUTOS rp~~~~c%~RAMAGE $ - r--- COMP/COLL OED $ 1,000 

C UMBRELLA LIAS ~ OCCUR XL5046802P 0512012012 05/2012013 EACH OCCURRENCE $ 1,000,000 

X EXCESS L1AB X CLAIMS.MADE AGGREGATE $ 

OED I X J RETENTION $ 200.000 $ 

B WORKERS COMPENSATION WLRC4678473A 05120/2012 0512012013 X I T~g~TllW~ I IOJ'!;!- AND EMPLOYERS' LIABILITY YIN 1,000,000 ANY PROPRIETORIPARTNEAlF.XECUllVE [[] El. EACH ACCIDENT S OFFICEAlMEMBER EXCLUDED? N/A 1,000,000 (Mandalory in NH) E.L DISEASE· EA EMPLOYEE $ 

If yes, describe under 

DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 

DESCRIPTION OF OPERATIOIIS I LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is rGquired) 

RE: NPC-WEST 

PORTLAND GENERAL ELECTIC IS INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT AND ALLOWED BY LAW , EXCEPT WORKERS COMPENSATION. 

CERTIFICATE HOLDER CANCELLATION 

PORTLAND GENERAL ELECTRIC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 

2213 SW 153RD DRIVE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 

BEAVORTDN, OR 97006 ACCORDANCE WITH THE POLICY PROVISIONS. 

AUTHORIZED REPRESENTATIVE 

of Marsh USA Inc. 

I Beverly A. Wold ~4~/ 

ACORD 25 (2010/05) 

© 1988-2010 ACORD CORPORATION. 

The ACORD name and logo are registered marks of ACORD 

All rights reserve~ 

'\{V'I -------
EXHIBIT 

3 
332201100166800068 

THIS ENDORSEMENT CHANGES THE POLley. pLEASE READ IT CAREFULLY. 

BI..ANKET ADDITIONAL INSUltED 

'I'hi$ endorsement modifies insurance provided I.UlCIer the following: 

COMMERCIAL GENERAL UABILlTY COVERAGE FORM 

SEcnON n - WHO IS AN INSURED is amended to include 1\$ an imured lUIy penon or organization for whom you have 

a~eed in writing to provide liability inaur3nce. But: 

'!he insurance provided by dU$ amendment: 

1. Applies only to "bodily injw:y" or "proputy ds.rnage" arising out of (II) "your wod" or (b} premiscs or other prOperty ownc:cI 

by or rented to you; 

2. Applies only to Go\uagc a.ncI minimum limits of inS\II:lU\Oe required by the 'Nxitten agreement, but in no event cllceeds either 

the scope of coverage or the limits of insurance provided by this policy; and 

3. Does not apply to any person or organi7.ation for whom you have procured. separate liability insurance while sucb insurance is 

in effect, regardle.sa of whether the scope of coverage or limits of inrutllnce of this policy exGeed those of such othu insunnce 

or whedtc:r &uch odtc:r ina urancc is valid and collectible. 

111e ronowing provisions also apply: 

1. Where the applicable written agreement reqcires the insured to provide liahi1ity insurance on II prima.ty, elCCc93. conting4nt, or 

any other bma. chis policy will apply solely on che bll$is requited by s\Kh written agreement and Item 4. Odtc:r Insunnc:e of 

SeCTION IV of this policy will not apply. 

2. Where the applicable written agreement does not speciCy an what basis the liability insuunce will apply, the provisions of Item 

4. Odtc:r Insurance of SECflON IV of this policy will govern. 

3 This cnda~ment shall not apply to any person or organization for any "bodily injury" at ~proPeIty ~:unage" if any other 

additional insured endorsement on this policy applies to that pcr:son or ~ation witb fegatd to !he -bachly injury" or 

"pxoputy damage". 

4. If any other additional insured endOt5Wlent Rpplies 10 Ilny person or orgnnization lIfld yol,lue oblig.t!ed under n written 

agreement to provide liability insurance on a primary. excess, contingenr, 01: any alher basis for that additian31 iosw:eu. rhi$ 

policy will apply solely" on Ihe basis required by such \\--otten agreelllAnt lUlU Item 4. Other InsUtno<:e of SEC nON !V of thie 

policy will not apply, reglU:dlcss of whether the pc£son or organiz.tion rn.$ I\1t"ilable other valid lind collectible insunnce. IC 

the applicable written a~ecmel\t does not spedCy on what basis the liability insurance will apply, the provisions of hem 4. 

Other Insuraru:e of SECfI ON ]V of this pouc)' will SOVem. 

lbisendors.mmtiJ."-~h7lhe LIBERTY MUTUAL INSURANCE COMPANY 

P~lllium J 

8Ittc~", I)&b: 

f!ot&tCll<:/unenrto PoIiqNo, 

lIudito..is 

lrsued 

LN20 010605 

ExpUurion Date 

TBl-691-544S05-011 

CllUIlt • ...;p.d by , 

Salts Offite and No End, ScnaJ No. 

NAES000067 

EXHIBIT 3

332201100166800068 

THIS ENDORSEMENT CHANGES THE POLley. pLEASE READ IT CAREFULLY. 

BI..ANKET ADDITIONAL INSUltED 

'I'hi$ endorsement modifies insurance provided I.UlCIer the following: 

COMMERCIAL GENERAL UABILlTY COVERAGE FORM 

SEcnON n - WHO IS AN INSURED is amended to include 1\$ an imured lUIy penon or organization for whom you have 

a~eed in writing to provide liability inaur3nce. But: 

'!he insurance provided by dU$ amendment: 

1. Applies only to "bodily injw:y" or "proputy ds.rnage" arising out of (II) "your wod" or (b} premiscs or other prOperty ownc:cI 

by or rented to you; 

2. Applies only to Go\uagc a.ncI minimum limits of inS\II:lU\Oe required by the 'Nxitten agreement, but in no event cllceeds either 

the scope of coverage or the limits of insurance provided by this policy; and 

3. Does not apply to any person or organi7.ation for whom you have procured. separate liability insurance while sucb insurance is 

in effect, regardle.sa of whether the scope of coverage or limits of inrutllnce of this policy exGeed those of such othu insunnce 

or whedtc:r &uch odtc:r ina urancc is valid and collectible. 

111e ronowing provisions also apply: 

1. Where the applicable written agreement reqcires the insured to provide liahi1ity insurance on II prima.ty, elCCc93. conting4nt, or 

any other bma. chis policy will apply solely on che bll$is requited by s\Kh written agreement and Item 4. Odtc:r Insunnc:e of 

SeCTION IV of this policy will not apply. 

2. Where the applicable written agreement does not speciCy an what basis the liability insuunce will apply, the provisions of Item 

4. Odtc:r Insurance of SECflON IV of this policy will govern. 

3 This cnda~ment shall not apply to any person or organization for any "bodily injury" at ~proPeIty ~:unage" if any other 

additional insured endorsement on this policy applies to that pcr:son or ~ation witb fegatd to !he -bachly injury" or 

"pxoputy damage". 

4. If any other additional insured endOt5Wlent Rpplies 10 Ilny person or orgnnization lIfld yol,lue oblig.t!ed under n written 

agreement to provide liability insurance on a primary. excess, contingenr, 01: any alher basis for that additian31 iosw:eu. rhi$ 

policy will apply solely" on Ihe basis required by such \\--otten agreelllAnt lUlU Item 4. Other InsUtno<:e of SEC nON !V of thie 

policy will not apply, reglU:dlcss of whether the pc£son or organiz.tion rn.$ I\1t"ilable other valid lind collectible insunnce. IC 

the applicable written a~ecmel\t does not spedCy on what basis the liability insurance will apply, the provisions of hem 4. 

Other Insuraru:e of SECfI ON ]V of this pouc)' will SOVem. 

lbisendors.mmtiJ."-~h7lhe LIBERTY MUTUAL INSURANCE COMPANY 

P~lllium J 

8Ittc~", I)&b: 

f!ot&tCll<:/unenrto PoIiqNo, 

lIudito..is 

lrsued 

LN20 010605 

ExpUurion Date 

TBl-691-544S05-011 

CllUIlt • ...;p.d by , 

Salts Offite and No End, ScnaJ No. 

NAES000067 
EXHIBIT 

4 
l322011 002668001 02 

TI-IlS ENDORSEMENT CHANGES THE POUCY. PLEASE READ 11' CAREFULLY. 

CONTRACTUAL LIABILITY EXCLUSION AMENDED 

This endonement modifiet InsuIlUlCe provided Ullder the (onowing: 

COMMERCIAL GENERAL LlABIL'1Y. COVERAGE FORM 

1. Exclusion b. Ot COVERAGE A (Sectio.\ I Covetagct) j$ replaced by the following: 

b. COIlU'ltCtual Liahility 

"Bodily injw:y" or "property damage" for which the insured is obligatal to pay dlimllgC$ by reaton of the 8t5umption or 

liability in a conU'ltct or agreement. This ClI.c1U$!on does not apply to liability fOf damages: 

(1) That the insuted would have in the absence of the contmct or agreement; or 

(2) Assumed in a contcact or agtcemeflt that is lin "jn$u:cd COlllrdCt" provided the "bodily injury~ Of "property damage" 

occurs sub~ue.tlt to the execution of the contract or agreement. 

Z. We win defend any claim made or "suit" brought against the indemuitee under an "in~ured contcacc" which you ore 

f.:<}uired ro defend by the spcci& terms ohuch "insured contract", but onl), to the: SlIme: extent and on the same terms 

that we would defend if the indemnitl:e were the. insured under the policy, ami then only if all of the rollowing conditions 

are 58tis(~d: 

(a) the claimoc "suit" ~ccks damages for which the indemnitl:C is legally entitled to indemnification under the 

"insured contractft• 

(b) the policy cowrs such damages, and 

(c) the applli:sbl!!. Limit of lnSw:ance with respect to sucb damages has not been e.xhausted by payment of 

judgments or settlements. 

3. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is replaced by tlle following: 

SUPPLEMENTARY PAYMENTS - COVERAGESAAND B 

1. We will pa)';with fespeCt to any claim we investigate or settle, or any "suit" against an insured we defend: 

It. All e.zpel1!lCll We incur. 

b. Up to $250 fot cost or bail bonds requirc:d because of lIc:cidcnu or traffic law violations ari~ out of any 

vehicle to which the Bodily [njury Liability Coverage applid. We do not have to (uTrum these bonds. 

Co The cost of bonds to rele.ase attachmc:nts, but only for bond amoWlU within the applicable limit of InSurllnCC. 

We do not have to furnish these bonds. 

d. All reasonable expcosct incurred by the insured at our tequestto assist us in the investigation or dcfen'e of the 

daim or "suit". including acrualloss elU'nings up to .$250 a day because of !line off from WOlle. 

e. All costs taXed against the insured in the ·suit", 

f. Prejudgment inlerest awarded against the insmed on that part of the judgment we pay. If We mzl<e an offer to 

pay the applicable limit of inSUtallCc, we will not pay any ptejudgtnCJlt inlete.sr based on !hat period of tme 

after the olTer. 

LN24 010605 Page 10£2 

NAES000101 

EXHIBIT 4

l322011 002668001 02 

TI-IlS ENDORSEMENT CHANGES THE POUCY. PLEASE READ 11' CAREFULLY. 

CONTRACTUAL LIABILITY EXCLUSION AMENDED 

This endonement modifiet InsuIlUlCe provided Ullder the (onowing: 

COMMERCIAL GENERAL LlABIL'1Y. COVERAGE FORM 

1. Exclusion b. Ot COVERAGE A (Sectio.\ I Covetagct) j$ replaced by the following: 

b. COIlU'ltCtual Liahility 

"Bodily injw:y" or "property damage" for which the insured is obligatal to pay dlimllgC$ by reaton of the 8t5umption or 

liability in a conU'ltct or agreement. This ClI.c1U$!on does not apply to liability fOf damages: 

(1) That the insuted would have in the absence of the contmct or agreement; or 

(2) Assumed in a contcact or agtcemeflt that is lin "jn$u:cd COlllrdCt" provided the "bodily injury~ Of "property damage" 

occurs sub~ue.tlt to the execution of the contract or agreement. 

Z. We win defend any claim made or "suit" brought against the indemuitee under an "in~ured contcacc" which you ore 

f.:<}uired ro defend by the spcci& terms ohuch "insured contract", but onl), to the: SlIme: extent and on the same terms 

that we would defend if the indemnitl:e were the. insured under the policy, ami then only if all of the rollowing conditions 

are 58tis(~d: 

(a) the claimoc "suit" ~ccks damages for which the indemnitl:C is legally entitled to indemnification under the 

"insured contractft• 

(b) the policy cowrs such damages, and 

(c) the applli:sbl!!. Limit of lnSw:ance with respect to sucb damages has not been e.xhausted by payment of 

judgments or settlements. 

3. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is replaced by tlle following: 

SUPPLEMENTARY PAYMENTS - COVERAGESAAND B 

1. We will pa)';with fespeCt to any claim we investigate or settle, or any "suit" against an insured we defend: 

It. All e.zpel1!lCll We incur. 

b. Up to $250 fot cost or bail bonds requirc:d because of lIc:cidcnu or traffic law violations ari~ out of any 

vehicle to which the Bodily [njury Liability Coverage applid. We do not have to (uTrum these bonds. 

Co The cost of bonds to rele.ase attachmc:nts, but only for bond amoWlU within the applicable limit of InSurllnCC. 

We do not have to furnish these bonds. 

d. All reasonable expcosct incurred by the insured at our tequestto assist us in the investigation or dcfen'e of the 

daim or "suit". including acrualloss elU'nings up to .$250 a day because of !line off from WOlle. 

e. All costs taXed against the insured in the ·suit", 

f. Prejudgment inlerest awarded against the insmed on that part of the judgment we pay. If We mzl<e an offer to 

pay the applicable limit of inSUtallCc, we will not pay any ptejudgtnCJlt inlete.sr based on !hat period of tme 

after the olTer. 

LN24 010605 Page 10£2 

NAES000101 
3312011 00l668OO1 03 

g. All itttt.l:at on the falllln1O\U\t of any judgment that accrues .ftc: Mtry of the judgment and before ~ have 

paid, offered to pay. Qt dCpo$ited' in COU1t the put of the judgment that ;$ 'llithin the appliw,lc limit of 

1J\l11I"I\1lCC. 

Thill cmIol1lOlMIltw Il1ICClIIIlIt b7 1M LIBERTY MUTUAL INSURANCE COMP~ 

Pmnium J 

B~OaI!l 

Pot atmc::hrM.lt to Po6q No. 

AuditBW 

lliMdTo 

JAIled 

LN 24 01 0605 

~Oall: 

TB1.691-544SOS'{)11 

Sales O£lice lIIld No. 

Page 20f2 

NAES000102 

EXHIBIT 4

3312011 00l668OO1 03 

g. All itttt.l:at on the falllln1O\U\t of any judgment that accrues .ftc: Mtry of the judgment and before ~ have 

paid, offered to pay. Qt dCpo$ited' in COU1t the put of the judgment that ;$ 'llithin the appliw,lc limit of 

1J\l11I"I\1lCC. 

Thill cmIol1lOlMIltw Il1ICClIIIlIt b7 1M LIBERTY MUTUAL INSURANCE COMP~ 

Pmnium J 

B~OaI!l 

Pot atmc::hrM.lt to Po6q No. 

AuditBW 

lliMdTo 

JAIled 

LN 24 01 0605 

~Oall: 

TB1.691-544SOS'{)11 

Sales O£lice lIIld No. 

Page 20f2 

NAES000102 
EXHIBIT 

5 
332101100166800002 

libertx 

Mutual@ 

COMMERCIAL POLICY 

TB1-691-544505-D11 

AEGIS Insurance Services, Inc. 

1 Meadowlands Plaza 

East Rutherford NJ 07073 

Liberty Mutual Is the marketing name for the property and casually insurance operaHons of liberty 

Mutual Group Inc. Products may be written In the following stock insurance company $ubsidlaries 

of Uberty Mutual Group Inc.: 

Uberty Muluallnsurance Company 

Uberty Mutual FIre Insurance Company 

Liberty Insurance Corporation 

I.M Im.urance Corporation 

The First LIberty Insurance Corporation 

Liberty Insurance Company of America 

Liberty Surplus Insurance Corporation 

Uberty County Mutual Insurance Company 

Wausau Business Insurance Company 

Wausau General Insurance Company 

Waus9l,1 Underwriters Insurance Company 

Employers Insurance Company of Wausau 

Not all products and coverages are available In all companies or jurisdictions. 

GPO 4613 R1 Copyright 2009 Liberty Muluallnsurance Company. All rights reserved. 

NAES000001 

EXHIBIT 5

332101100166800002 

libertx 

Mutual@ 

COMMERCIAL POLICY 

TB1-691-544505-D11 

AEGIS Insurance Services, Inc. 

1 Meadowlands Plaza 

East Rutherford NJ 07073 

Liberty Mutual Is the marketing name for the property and casually insurance operaHons of liberty 

Mutual Group Inc. Products may be written In the following stock insurance company $ubsidlaries 

of Uberty Mutual Group Inc.: 

Uberty Muluallnsurance Company 

Uberty Mutual FIre Insurance Company 

Liberty Insurance Corporation 

I.M Im.urance Corporation 

The First LIberty Insurance Corporation 

Liberty Insurance Company of America 

Liberty Surplus Insurance Corporation 

Uberty County Mutual Insurance Company 

Wausau Business Insurance Company 

Wausau General Insurance Company 

Waus9l,1 Underwriters Insurance Company 

Employers Insurance Company of Wausau 

Not all products and coverages are available In all companies or jurisdictions. 

GPO 4613 R1 Copyright 2009 Liberty Muluallnsurance Company. All rights reserved. 

NAES000001 
332201100166800037 

COMMERCIAL GENERAL LIABILITY COVERAGE FORM 

Various provisions In this policy reslrict coverage. 

Read the entire pol'lcy carefully to detennlne rights, 

duties and 'Nhalls and Is not covered. 

Throughout this policy the words ''you'' and "your" 

refer to the Naned Insured shown In the Declarations, 

and any olher person or organization qualifying as a 

Named Insured under this po/Icy. The words "weu

, 

·us" and "our" refer to the company providing this 

insurance. 

The word 'YnsunKf' means any person or organizatiOn quali~g as such under Section II - Who Is An Insured. 

Other words and phrases that appear in quotation 

marks have special meaning. Refer 10 Section V -

eeflnitions. 

SECnONI-COVERAGES 

COVERAGE A BOOIL Y INJURY AND PROPERTY 

DAMAGE LIABILITY 

1. Insuring Agreement 

a: We will pay those sums thai lhe insured becomes legally obligated to pay as damages 

because of 'bodily injury" or ''property damage" 

to which this insurance applies. We wHl have 

the right and duty to defend the insured against 

any"sult" seeking those damages. However, 

we will have no duly 10 defend the insured 

againsl any "sulf\ seeking damages for "bodily 

Injury" or "property damage" to which this in--

surance does not apply. We may, at our dlscre~ 

lion, Investigate any "occurrence" and sallie 

any claim or "sun" that may result. But: 

(1) The amount we wiD pay for damages Is 

nmlled as described in Section 01 - L!mlts 

Of Insurance; and 

(2) Our right and duty to defend ends when we 

have used up the applicable limit of insur~ 

ance In the payment of judgments o~ set~ 

lIements under Coverages A or B or medical expanses under Coverage C. 

No other obligation or liability to pay sums or 

perform acts or services Is covered unless explicitly provided for under Supplementary Payments -Coverages Ii. and B. 

b. This Insurance applies 10 "bodily Injury' and 

"property damage" only if: 

(1) The 'bodDy inJury" or "property damage" is 

caused by an "occurrence" that takes place 

in the "coverage territory"; 

(2) The "bodily Infury" or "property damage" 

occurs during the policy period: and 

(3) Prior to the policy periOd, no insured listed 

under Paragraph 1. of Seclion II - Who Is 

An Insured and no "employee" authorized 

by you \0 give or receive notice of an "occurrence" or claim, knew (hal the "bOdily inJury" or "property damagaP had occurred, in 

whole or In part. If'such a listed Insured or 

authorized Pemployee" knew, prior 10 the 

policy . period, that the "bodily injury" or "property damageft OCCUlTed, then any continuation, change or resumption of such 

'bodily injury" or 'property damage" during 

or alter the policy period will be deemed to 

have been known prior to the policy period. 

c. "Bodily inJury" or "property damage" Which 

occurs during the policy PElliod and was nol, 

prior to the portcy period, known to have occurred by any insured listed under Paragraph 

1. of Section II - Who Is An Insured or any 

"empJoyee" authorizEld by you to give or receive notice of an "occurrence" or claim, In~ 

elUdes .any continuation, change or resumpUon 

or that "bodily Injury" or ~property damage" af-' 

ter the end of the policy period. 

d. "Bodily Injury· or "property damage" 1NI1I be 

deemed to have been known to have occurred 

at the earliest time when any insured listed under Paragraph 1. of Seclion JI- Who Is An In~ 

sured or any "employee" authorized by you to 

give or receive notice of an ·occurrence" or 

claim: 

(1) Reports all, or any part, of the 'bodily Injury" 

or "property damage" to us or any other Insurer; 

(2) Receives a written or verbal demand or 

claim for damages because of the "bOdily 

Injury- or "property damage"; or 

(3) Becomes aware by any other means Ihat 

'bodily injury" or "property damage" has occurred or has begun to occur. 

CG 00011207 @ ISO Properties, Inc., 2006 Page 10f16 

NAES000036 

EXHIBIT 5

332201100166800037 

COMMERCIAL GENERAL LIABILITY COVERAGE FORM 

Various provisions In this policy reslrict coverage. 

Read the entire pol'lcy carefully to detennlne rights, 

duties and 'Nhalls and Is not covered. 

Throughout this policy the words ''you'' and "your" 

refer to the Naned Insured shown In the Declarations, 

and any olher person or organization qualifying as a 

Named Insured under this po/Icy. The words "weu

, 

·us" and "our" refer to the company providing this 

insurance. 

The word 'YnsunKf' means any person or organizatiOn quali~g as such under Section II - Who Is An Insured. 

Other words and phrases that appear in quotation 

marks have special meaning. Refer 10 Section V -

eeflnitions. 

SECnONI-COVERAGES 

COVERAGE A BOOIL Y INJURY AND PROPERTY 

DAMAGE LIABILITY 

1. Insuring Agreement 

a: We will pay those sums thai lhe insured becomes legally obligated to pay as damages 

because of 'bodily injury" or ''property damage" 

to which this insurance applies. We wHl have 

the right and duty to defend the insured against 

any"sult" seeking those damages. However, 

we will have no duly 10 defend the insured 

againsl any "sulf\ seeking damages for "bodily 

Injury" or "property damage" to which this in--

surance does not apply. We may, at our dlscre~ 

lion, Investigate any "occurrence" and sallie 

any claim or "sun" that may result. But: 

(1) The amount we wiD pay for damages Is 

nmlled as described in Section 01 - L!mlts 

Of Insurance; and 

(2) Our right and duty to defend ends when we 

have used up the applicable limit of insur~ 

ance In the payment of judgments o~ set~ 

lIements under Coverages A or B or medical expanses under Coverage C. 

No other obligation or liability to pay sums or 

perform acts or services Is covered unless explicitly provided for under Supplementary Payments -Coverages Ii. and B. 

b. This Insurance applies 10 "bodily Injury' and 

"property damage" only if: 

(1) The 'bodDy inJury" or "property damage" is 

caused by an "occurrence" that takes place 

in the "coverage territory"; 

(2) The "bodily Infury" or "property damage" 

occurs during the policy period: and 

(3) Prior to the policy periOd, no insured listed 

under Paragraph 1. of Seclion II - Who Is 

An Insured and no "employee" authorized 

by you \0 give or receive notice of an "occurrence" or claim, knew (hal the "bOdily inJury" or "property damagaP had occurred, in 

whole or In part. If'such a listed Insured or 

authorized Pemployee" knew, prior 10 the 

policy . period, that the "bodily injury" or "property damageft OCCUlTed, then any continuation, change or resumption of such 

'bodily injury" or 'property damage" during 

or alter the policy period will be deemed to 

have been known prior to the policy period. 

c. "Bodily inJury" or "property damage" Which 

occurs during the policy PElliod and was nol, 

prior to the portcy period, known to have occurred by any insured listed under Paragraph 

1. of Section II - Who Is An Insured or any 

"empJoyee" authorizEld by you to give or receive notice of an "occurrence" or claim, In~ 

elUdes .any continuation, change or resumpUon 

or that "bodily Injury" or ~property damage" af-' 

ter the end of the policy period. 

d. "Bodily Injury· or "property damage" 1NI1I be 

deemed to have been known to have occurred 

at the earliest time when any insured listed under Paragraph 1. of Seclion JI- Who Is An In~ 

sured or any "employee" authorized by you to 

give or receive notice of an ·occurrence" or 

claim: 

(1) Reports all, or any part, of the 'bodily Injury" 

or "property damage" to us or any other Insurer; 

(2) Receives a written or verbal demand or 

claim for damages because of the "bOdily 

Injury- or "property damage"; or 

(3) Becomes aware by any other means Ihat 

'bodily injury" or "property damage" has occurred or has begun to occur. 

CG 00011207 @ ISO Properties, Inc., 2006 Page 10f16 

NAES000036 
EXHIBIT 

6 
1 

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APR 1 6 2014 

IN THE CIRCUIT COURT OF THE STATE OF OREGON 

FOR THE COUNTY OF MULTNOMAH 

JOEL BELGARDE, Case No.: 

Plaintiff, 

1404-04814 

v. 

PORTLAND GENERAL ELECTRIC 

COMP ANY, an Oregon corporation, 

Defendant. 

Plaintiff alleges as follows: 

COMPLAINT 

(Negligence; Employer Liability Law) 

PRAYER: $680,000 

1. 

Plaintiff is a boilermaker. At all times material to this complaint Plaintiff was employed 

by NAES Corporation to perform work at Defendant's Boardman, Oregon power plant. 

2. 

Defendant is an Oregon corporation engaged in the production and sale of power. 

Defendant's principal place of business is located in the City of Portland, Oregon, County of 

Multnomah. Defendant owns and operates power plants,including the Boardman, Oregon 

power plant. 

3. 

At all times during his work at Defendant's Boardman power plant, Defendant controlled, 

directed and monitored the work Plaintiff performed. 

Page 1 - COMPLAINT 

HOLLANDER. LEBENBAUM & GANNICOn 

Attorneys at Law 

1500 S.w. First Avenue, Suite 700 

Portland, Oregon 97201 

Tel: (503) 222-2408 

fax: (503) 222-0659 

EXHIBIT 6

1 

2 

3 

4 

5 

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7 

8 

9 

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23 

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25 

26 

APR 1 6 2014 

IN THE CIRCUIT COURT OF THE STATE OF OREGON 

FOR THE COUNTY OF MULTNOMAH 

JOEL BELGARDE, Case No.: 

Plaintiff, 

1404-04814 

v. 

PORTLAND GENERAL ELECTRIC 

COMP ANY, an Oregon corporation, 

Defendant. 

Plaintiff alleges as follows: 

COMPLAINT 

(Negligence; Employer Liability Law) 

PRAYER: $680,000 

1. 

Plaintiff is a boilermaker. At all times material to this complaint Plaintiff was employed 

by NAES Corporation to perform work at Defendant's Boardman, Oregon power plant. 

2. 

Defendant is an Oregon corporation engaged in the production and sale of power. 

Defendant's principal place of business is located in the City of Portland, Oregon, County of 

Multnomah. Defendant owns and operates power plants,including the Boardman, Oregon 

power plant. 

3. 

At all times during his work at Defendant's Boardman power plant, Defendant controlled, 

directed and monitored the work Plaintiff performed. 

Page 1 - COMPLAINT 

HOLLANDER. LEBENBAUM & GANNICOn 

Attorneys at Law 

1500 S.w. First Avenue, Suite 700 

Portland, Oregon 97201 

Tel: (503) 222-2408 

fax: (503) 222-0659 
1- 4. 

2 

On May 2,2012, Plaintiff was assigned to install basketed heating elements, weighing 

3 

from 150 to 600 pounds. 

4 

5. 

5 

6 

Defendant supplied Plaintiffwlth a device to install the heating elements. The device 

7 was referred to as an "air cannon" and was designed to propel the heating elements in to place 

8 using high intensity air pressure. Defendant owned and maintained the air cannon. 

9 6. 

10 A rendering of the side view of the air cannon is as follows: 

11 

-12 Air 

Main 

13 Supply 

..y 

Safety 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

Page 

7. 

. Plaintiff was instructed to move the air cannon from station to station to propel heating 

elements in to place. The air cannon needed to be lashed to a floor grating with hooks before 

activation because of the kick back created by the extreme air pressure it utilized. 

2 - COlVIPLAINT 

HOLLANDER, LEBENBAUM & GANNICOn _ _ Attorneys at Law 

1500 S.w. First Avenue. Suite 700 

Portland, Oregon 97201 

Tel: (503) 222-2408 

fax: (503) 222-0659 

" 

" 

Heating 

Elements 

i 

\ 

\ 

\ 

EXHIBIT 6

I. 4. 

2 

On May 2,2012, Plaintiff was assigned to install basketed heating elements, weighing 

3 

from 150 to 600 pounds. 

4 

5. 

5 

6 

Defendant supplied Plaintiffwlth a device to install the heating elements. The device 

7 was referred to as an "air cannon" and was designed to propel the heating elements in to place 

8 using high intensity air pressure. Defendant owned and maintained the air cannon. 

9 6. 

10 A rendering of the side view of the air cannon is as follows: 

11 

·12 Air 

Main 

13 Supply 

..y 

Safety 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

Page 

--~" 

7. 

,Plaintiff was instructed to move the air cannon from station to station to propel heating 

elements in to place. The air cannon needed to be lashed to a floor grating with hooks before 

activation because of the kick back created by the extreme air pressure it utilized. 

2 - COlVIPLAINT 

HOLLANDER, LEBENBAUM & GANNICOn 

. . Attorneys at Law 

1500 S.w. First Avenue. Suite 700 

Portland, Oregon 97201 

Tel: (503) 222-2408 

fax: (503) 222-0659 

i 

\ 

\ 

\ 
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7 

8 

9 

10 

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13 

14 

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18 

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8. 

The air cannon had two valves, the main valve and a safety valve. 

9. 

On May 2,2012, Plaintiff was working with a co-worker. The lever ofthe main valve of 

the air cannon caught in a loop in Plaintiff s work overalls while the air cannon was being 

moved, which activated the air supply to the air cannon. With the noise of the activation, 

Plaintiffs co-worker instinctively reached for the safety valve and closed it which caused the air 

cannon to shoot backwards with great force, causing severe injury to Plaintiff. The main valve 

had a safety catch which would have prevented the activation of the air cannon supply when the 

lever caught in Plaintiffs overalls if the main valve had been installed in a proper position. The 

main valve was installed in an improper position which effectively disabled the function of the 

safety catch. As a result, the air cannon's air supply was activated, thereby causing Plaintiffs 

lllJury. 

10. 

Defendant was negligent in causing injury to Plaintiff and breached its duty of care in one 

or more ofthe following particulars. 

1. Constructing and/or commissioning the construction of the air cannon, a device it 

knew or should have known was inherently dangerous. 

2. Failing to maintain the air cannon in proper and safe working order. 

3. Allowing Plaintiff s to use the air cannon when it knew or should have known the 

device was inherently dangerous. 

Page 3 - COMPLAINT 

HOLLANDER. LEBENBAUM & GANNICOTT 

Attorneys at Law 

1500 S.W. First Avenue, Suite 700 

Portland, Oregon 97201 

Tel: (503) 222-2408 

fax: (503) 222-0659 

EXHIBIT 6

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

8. 

The air cannon had two valves, the main valve and a safety valve. 

9. 

On May 2,2012, Plaintiff was working with a co-worker. The lever ofthe main valve of 

the air cannon caught in a loop in Plaintiff s work overalls while the air cannon was being 

moved, which activated the air supply to the air cannon. With the noise of the activation, 

Plaintiffs co-worker instinctively reached for the safety valve and closed it which caused the air 

cannon to shoot backwards with great force, causing severe injury to Plaintiff. The main valve 

had a safety catch which would have prevented the activation of the air cannon supply when the 

lever caught in Plaintiffs overalls if the main valve had been installed in a proper position. The 

main valve was installed in an improper position which effectively disabled the function of the 

safety catch. As a result, the air cannon's air supply was activated, thereby causing Plaintiffs 

lllJury. 

10. 

Defendant was negligent in causing injury to Plaintiff and breached its duty of care in one 

or more ofthe following particulars. 

1. Constructing and/or commissioning the construction of the air cannon, a device it 

knew or should have known was inherently dangerous. 

2. Failing to maintain the air cannon in proper and safe working order. 

3. Allowing Plaintiff s to use the air cannon when it knew or should have known the 

device was inherently dangerous. 

Page 3 - COMPLAINT 

HOLLANDER. LEBENBAUM & GANNICOTT 

Attorneys at Law 

1500 S.W. First Avenue, Suite 700 

Portland, Oregon 97201 

Tel: (503) 222-2408 

fax: (503) 222-0659 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

4. Allowing Plaintiff to use the air cannon when it knew or should have known that the 

main valve was installed in an improper position which served to disable the safety 

catch and expose Plaintiff to the type of danger that caused his injury. 

5. Failing to reposition the safety catch on the main valve to a proper position to allow 

the safety catch to function in order to protect Plaintiff from the sort of injury he 

suffered. 

1l. 

As a direct and proximate result of Defendant's negligence, Plaintiff suffered right biceps 

tendon rupture, damage to his radial nerve, right elbow cubital tunnel syndrome and right radial 

tunnel syndrome together with related conditions. 

FIRST CLAIM - NEGLIGENCE 

12. 

As a direct and proximate result of Defendant's negligence, Plaintiff has incurred 

$30,000 in medical expenses to date. 

13. 

As a direct and proximate result of Defendant's negligence, Plaintiff has incurred 

$100,000 in lost wages to date. 

14. 

As a direct and proximate result of Defendant's negligence, Plaintiff has suffered 

diminished earning capacity in the amount of $250,000. 

II 

II 

Page 4 - COMPLAINT 

HOLLANDER, LEBENBAUM & GANNICOTT 

Attorneys at Law 

1500 S,w. First Avenue, Suite 700 

Portland, Oregon 97201 

Tel: (503) 222-2408 

fax: (503) 222-0659 

EXHIBIT 6

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

4. Allowing Plaintiff to use the air cannon when it knew or should have known that the 

main valve was installed in an improper position which served to disable the safety 

catch and expose Plaintiff to the type of danger that caused his injury. 

5. Failing to reposition the safety catch on the main valve to a proper position to allow 

the safety catch to function in order to protect Plaintiff from the sort of injury he 

suffered. 

1l. 

As a direct and proximate result of Defendant's negligence, Plaintiff suffered right biceps 

tendon rupture, damage to his radial nerve, right elbow cubital tunnel syndrome and right radial 

tunnel syndrome together with related conditions. 

FIRST CLAIM - NEGLIGENCE 

12. 

As a direct and proximate result of Defendant's negligence, Plaintiff has incurred 

$30,000 in medical expenses to date. 

13. 

As a direct and proximate result of Defendant's negligence, Plaintiff has incurred 

$100,000 in lost wages to date. 

14. 

As a direct and proximate result of Defendant's negligence, Plaintiff has suffered 

diminished earning capacity in the amount of $250,000. 

II 

II 

Page 4 - COMPLAINT 

HOLLANDER, LEBENBAUM & GANNICOTT 

Attorneys at Law 

1500 S,w. First Avenue, Suite 700 

Portland, Oregon 97201 

Tel: (503) 222-2408 

fax: (503) 222-0659 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

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26 

15. 

As a direct and proximate result of Defendant's negligence, Plaintiff has suffered pain, 

emotional upset, loss of enj oyment of life and a permanent diminution in his physical abilities all 

to his general damage in the amount of $300,000. 

SECOND CLAIM - EMPLOYER LIABILITY LAW 

16. 

Plaintiff realleges and incorporates by reference paragraphs 1-11. 

17. 

At all times material to this Complaint Defendant was an employer subject to Employer 

Liability Law having charge of or responsibility for work involving risk or danger to the 

employees performing the work. 

18. 

Defendant had a duty to Plaintiff to operate and maintain machinery, including the air 

cannon, in compliance with every applicable standard, rule or regulation made or proscribed by 

the Department of Consumer and Business Services. 

19. 

Defendant had control over the work that caused injury to Plaintiff. Plaintiffs employer 

and Defendant were simultaneously engaged in work on a common enterprise and the actions of 

Defendant and/or use or operation of Defendant's equipment created the risk to Plaintiff of the 

type of injury he suffered. Defendant had control over the air cannon which injured Plaintiff. 

20. 

Defendant violated its duty under the Employer Liability Law in the manner set forth in 

paragraph 10. 

Page 5 - COMPLAINT 

HOLLANDER, LEBENBAUM & GANNICOTT 

Attorneys at Law 

1500 S.W. First Avenue, Suite 700 

Portland, Oregon 97201 

Tel: (503) 222-2408 

fax: (503) 222-0659 

EXHIBIT 6

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

15. 

As a direct and proximate result of Defendant's negligence, Plaintiff has suffered pain, 

emotional upset, loss of enj oyment of life and a permanent diminution in his physical abilities all 

to his general damage in the amount of $300,000. 

SECOND CLAIM - EMPLOYER LIABILITY LAW 

16. 

Plaintiff realleges and incorporates by reference paragraphs 1-11. 

17. 

At all times material to this Complaint Defendant was an employer subject to Employer 

Liability Law having charge of or responsibility for work involving risk or danger to the 

employees performing the work. 

18. 

Defendant had a duty to Plaintiff to operate and maintain machinery, including the air 

cannon, in compliance with every applicable standard, rule or regulation made or proscribed by 

the Department of Consumer and Business Services. 

19. 

Defendant had control over the work that caused injury to Plaintiff. Plaintiffs employer 

and Defendant were simultaneously engaged in work on a common enterprise and the actions of 

Defendant and/or use or operation of Defendant's equipment created the risk to Plaintiff of the 

type of injury he suffered. Defendant had control over the air cannon which injured Plaintiff. 

20. 

Defendant violated its duty under the Employer Liability Law in the manner set forth in 

paragraph 10. 

Page 5 - COMPLAINT 

HOLLANDER, LEBENBAUM & GANNICOTT 

Attorneys at Law 

1500 S.W. First Avenue, Suite 700 

Portland, Oregon 97201 

Tel: (503) 222-2408 

fax: (503) 222-0659 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

21. 

As a result of Defendant's violation of the Employer Liability Law, Plaintiff suffered the 

following damages: 

1. Pain, emotional upset, loss of enjoyment of life and diminution of physical capacities, all 

to his general damage in the amount of $300,000. 

2. Lost wages and benefits in the amount of$100,000. 

3. Medical expenses of$30,000. 

4. Diminished earning capacity in the amount of $250,000. 

WHEREFORE, Plaintiff prays for the following relief: 

A. On his first claim: 

1. Economic damages of$380,000; 

2. Non- economic damages of $300,000; 

3. Costs and disbursements. 

B. On his second claim: 

4. Economic damages of$380,000; 

5. Non- economic damages of $300,000; 

6. Costs and disbursements. 

DATED this /f/hay of April, 2014. 

Respectfully Submitted: 

HOLLAND R, LEBENBAUM & GANNICOTT 

Gordo . annicott, OSB No. 842307 

Of A meys for Plaintiff 

Page 6 - COMPLAINT 

HOLLANDER, LEBENBAUM & GANNICOn 

Attorneys at Law 

1500 S.w. First Avenue, Suite 700 

Portland, Oregon 97201 

Tel: (503) 222-2408 

fax: (503) 222-0659 

EXHIBIT 6

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

21. 

As a result of Defendant's violation of the Employer Liability Law, Plaintiff suffered the 

following damages: 

1. Pain, emotional upset, loss of enjoyment of life and diminution of physical capacities, all 

to his general damage in the amount of $300,000. 

2. Lost wages and benefits in the amount of$100,000. 

3. Medical expenses of$30,000. 

4. Diminished earning capacity in the amount of $250,000. 

WHEREFORE, Plaintiff prays for the following relief: 

A. On his first claim: 

1. Economic damages of$380,000; 

2. Non- economic damages of $300,000; 

3. Costs and disbursements. 

B. On his second claim: 

4. Economic damages of$380,000; 

5. Non- economic damages of $300,000; 

6. Costs and disbursements. 

DATED this /f/hay of April, 2014. 

Respectfully Submitted: 

HOLLAND R, LEBENBAUM & GANNICOTT 

Gordo . annicott, OSB No. 842307 

Of A meys for Plaintiff 

Page 6 - COMPLAINT 

HOLLANDER, LEBENBAUM & GANNICOn 

Attorneys at Law 

1500 S.w. First Avenue, Suite 700 

Portland, Oregon 97201 

Tel: (503) 222-2408 

fax: (503) 222-0659 
EXHIBIT 

7 
Portland General Electric Company 

Legal Department 

121 SW Salmon Street· 1 WTC1301 • Portland, Oregon 97204 

(503) 464-2559 • Facsimile (503) 464-2200 

stephen.redshaw@pgn.com 

May 8, 2014 

VIA EMAIL (c1c1aimreports@libertymutual.com) 

Libel1y Mutual Insurance Claims Representative 

Re: Joel Belgarde v. POliland General Electric Co. 

Stephen A. Redshaw 

Associate General Counsel 

Oregon Circuit Court, Multnomah County, Case No. 1404-04814 

Liberty Mutual policy number is TBl-691-S44S0S-011 

Dear Sir: 

I represent Portland General Electric Co. ("PGE") in connection with the abovereferenced Oregon state cOUli action ("the Belgarde lawsuit"). PGE was served with the 

Summons and Complaint in the Belgarde lawsuit on or about April 18, 2014. A copy of the 

Summons and Complaint are attached. 

PGE is an additional insured under a Commercial General Liability policy issued by 

Libeliy Mutual Insurance Co. ("Liberty Mutual") to NAES Power Contractors Inc. ("NAES"). 

Copies of the Celiificate of Liability Insurance provide by NAES to PGE and the underlying 

contract between NAES and PGE are attached. Based on information and belief, the Libeliy 

Mutual policy number is TBl-691-S44S0S-011. 

The Belgarde lawsuit involves a NAES employee who was allegedly injured during May . 

2012 while working at a PGE facility located in Boardman, Oregon. Belgarde alleges claims 

against PGE based on Oregon's Employer Liability Law and alleged negligence. As an 

additional insured, PGE is covered under the NAES policy referenced above. PGE hereby 

tenders the defense and settlement of the matter to Liberty Mutual. 

PGE's first appearance in the Belgarde lawsuit is due no later than May 19,2014. At this 

point, PGE has not obtained outside counsel. Please advise, in writing, whether Liberty Mutual 

is accepting this tender and whether PGE should obtain outside counsel, or whether Liberty 

Mutual will be selecting outside counsel for this matter. 

EXHIBIT 7

Portland General Electric Company 

Legal Department 

121 SW Salmon Street· 1 WTC1301 • Portland, Oregon 97204 

(503) 464-2559 • Facsimile (503) 464-2200 

stephen.redshaw@pgn.com 

May 8, 2014 

VIA EMAIL (c1c1aimreports@libertymutual.com) 

Libeliy Mutual Insurance Claims Representative 

Re: Joel Belgarde v. POliland General Electric Co. 

Stephen A. Redshaw 

Associate General Counsel 

Oregon Circuit Court, Multnomah County, Case No. 1404-04814 

Liberty Mutual policy number is TB1-691-S44S0S-011 

Dear Sir: 

I represent Portland General Electric Co. ("PGE") in connection with the abovereferenced Oregon state cOUli action ("the Belgarde lawsuit"). PGE was served with the 

Summons and Complaint in the Belgarde lawsuit on or about April 18, 2014. A copy of the 

Summons and Complaint are attached. 

PGE is an additional insured under a Commercial General Liability policy issued by 

Libeliy Mutual Insurance Co. ("Liberty Mutual") to NAES Power Contractors Inc. ("NAES"). 

Copies of the Celiificate of Liability Insurance provide by NAES to PGE and the underlying 

contract between NAES and PGE are attached. Based on information and belief, the Liberty 

Mutual policy number is TB1-691-S44S0S-011. 

The Belgarde lawsuit involves a NAES employee who was allegedly injured during May . 

2012 while working at a PGE facility located in Boardman, Oregon. Belgarde alleges claims 

against PGE based on Oregon's Employer Liability Law and alleged negligence. As an 

additional insured, PGE is covered under the NAES policy referenced above. PGE hereby 

tenders the defense and settlement of the matter to Liberty Mutual. 

PGE's first appearance in the Belgarde lawsuit is due no later than May 19, 2014. At this 

point, PGE has not obtained outside counsel. Please advise, in writing, whether Libeliy Mutual 

is accepting this tender and whether PGE should obtain outside counsel, or whether Liberty 

Mutual will be selecting outside counsel for this matter. 
Liberty Mutual Insurance Claims Representative 

May 8, 2014 

Page 2 

If you need additional documents or information, please contact me. I look forward to 

working with you on this case. 

Cc: David Miner 

Enc. Summons and Complaint 

Celtificate of Liability Insurance 

~~~ 

Stephen Redshaw 

PGE-NAES Boardman Maintenance Contract Dated December 17,2008 

EXHIBIT 7

Liberty Mutual Insurance Claims Representative 

May 8, 2014 

Page 2 

If you need additional documents or information, please contact me. I look forward to 

working with you on this case. 

Cc: David Miner 

Ene. Summons and Complaint 

Certificate of Liability Insurance 

Stephen Redshaw 

PGE-NAES Boardman Maintenance Contract Dated December 17,2008 
EXHIBIT 

8 
nxL.... SCHWABE, WILLIAMSON & WYATT® 

~T&W. A T TOR N E Y SAT LAW 

Pacwest Center, 1211 SW 5th Ave., Suite 1900, Portland, OR 97204 I Phone 503.222.9981 I Fax 503.796.2900 I www.schwabe.com 

NOAH JARRETT 

Admitted in Oregon and Washington 

Direct Line: 503-796-2936 

E-Mail: njarrett@schwabe.com 

Via e-mail [stephen.redshaw@pgn.com] 

Stephen A. Redshaw 

Associate General Counsel 

Portland General Electric Company 

121 S.W. Salmon, 1WTC1301 

Portland, OR 97204 

June 25, 2014 

Re: Joel Belgarde v. Portland General Electric Company 

Our Client: NAES Power Contractors, Inc. 

Our File No.: PENDING 

Dear Stephen: 

This firm and I represent NAES Power Contractors, Inc. ("NAES"), and have been 

asked to respond to your letter of May 8, 2014, to Liberty Mutual Insurance regarding the Joel 

Belgarde v. Portland General Electric Co. matter. The indemnity purportedly required by the 

Boardman maintenance contract is not enforceable under Oregon law. 

Oregon worker's compensation law unequivocally vitiates indemnity agreements 

between employers and third parties for employee injuries. Please see ORS 656.018(1). Mr. 

Belgarde was an employee ofNAES at the time of his alleged injury and his sole remedy against 

NAES is the worker's compensation system. That exclusivity cannot be avoided by a claim for 

indemnity by a third party. 

Oregon's law regarding insurance coverage in construction agreements is similarly 

unequivocal. The Boardman maintenance contract falls squarely within that law. Any provision 

in a construction agreement that requires a person to indemnify a third party from the third 

party's own negligence is unenforceable. Please see ORS 30.140(1). That provision was 

interpreted and enforced in Walsh Construction Company v. Mutual of Enumclaw, 338 Or 1, 

4, 104 P3d 1146 (2005). That court made clear that the statute prohibits both direct indemnity 

arrangements between parties to construction agreements, and also additional insured 

arrangements under which one party is obligated to procure insurance for losses arising in whole 

or in part from another's fault. 

Portland, OR 503.222.9981 I Salem. OR 503.540.4262 I Bend, OR 541.749.4044 I Eugene, OR 541.686.3299 

Seattle, WA 206.622.1711 I Vancouver, WA 360.694.7551 I Washington, DC 202.488.4302 

PDx\I13733\143514\NJA\14082111.1 

EXHIBIT 8

nxL T SCHWABE, WILLIAMSON & WVATT® 

~T&W. A T TOR N E Y SAT LAW 

Pacwest Center, 1211 SW 5th Ave., Suite 1900, Portland, OR 97204 I Phone 503.222.9981 I Fax 503.796.2900 I www.schwabe.com 

NOAH JARRETT 

Admitted in Oregon and Washington 

Direct Line: 503-796-2936 

E-Mail: njarrett@schwabe.com 

Via e-mail [stephen.redshaw@pgn.com] 

Stephen A. Redshaw 

Associate General Counsel 

Portland General Electric Company 

121 S.W. Salmon, 1 WTC1301 

Portland, OR 97204 

June 25,2014 

Re: Joel Belgarde v. Portland General Electric Company 

Our Client: NAES Power Contractors, Inc. 

Our File No.: PENDING 

Dear Stephen: 

This firm and I represent NAES Power Contractors, Inc. ("NAES"), and have been 

asked to respond to your letter of May 8,2014, to Liberty Mutual Insurance regarding the Joel 

Belgarde v. Portland General Electric Co. matter. The indemnity purportedly required by the 

Boardman maintenance contract is not enforceable under Oregon law. 

Oregon worker's compensation law unequivocally vitiates indemnity agreements 

between employers and third parties for employee injuries. Please see ORS 656.018(1). Mr. 

Belgarde was an employee ofNAES at the time of his alleged injury and his sole remedy against 

NAES is the worker's compensation system. That exclusivity cannot be avoided by a claim for 

indemnity by a third party. 

Oregon's law regarding insurance coverage in construction agreements is similarly 

unequivocal. The Boardman maintenance contract falls squarely within that law. Any provision 

in a construction agreement that requires a person to indemnify a third party from the third 

party's own negligence is unenforceable. Please see ORS 30.140(1). That provision was 

interpreted and enforced in Walsh Construction Company v. Mutual of Enumclaw, 338 Or 1, 

4, 104 P3d 1146 (2005). That court made clear that the statute prohibits both direct indemnity 

arrangements between parties to construction agreements, and also additional insured 

arrangements under which one party is obligated to procure insurance for losses arising in whole 

or in part from another's fault. 

Portland, OR 503.222.9981 I Salem. OR 503.540.4262 I Bend, OR 541.749.4044 I Eugene, OR 541.686.3299 

Seattle, WA 206.622.1711 I Vancouver, WA 360.694.7551 I Washington, DC 202.488.4302 

PDx\I13733\143514\NJA\14082111.1 
Stephen A. Redshaw 

June 25,2014 

Page 2 

Mr. Belgarde's suit against POE alleges fault by POE, only. Oregon law prohibits POE 

from requiring NAES to indemnify or insure POE for POE's own negligence. Accordingly, 

NAES must respectfully deny the tender of the Joel Belgarde v. Portland General Electric 

matter. 

If you would like to discuss this further, please do not hesitate to contact me. 

NJA:emc 

cc: Philip Kasin 

David Miner 

Chris Howard 

David Anderson 

PDx\l 13733\143514\NJA\140821 1 1.1 

S, 

Noah Jarrett 

EXHIBIT 8

Stephen A. Redshaw 

June 25,2014 

Page 2 

Mr. Belgarde's suit against POE alleges fault by POE, only. Oregon law prohibits POE 

from requiring NAES to indemnify or insure POE for POE's own negligence. Accordingly, 

NAES must respectfully deny the tender of the Joel Belgarde v. Portland General Electric 

matter. 

If you would like to discuss this further, please do not hesitate to contact me. 

NJA:emc 

cc: Philip Kasin 

David Miner 

Chris Howard 

David Anderson 

PDx\l 13733\143514\NJA\140821 1 1.1 

S, 

Noah Jarrett 
EXHIBIT 

9 
From: Stephen Redshaw 

Sent: Wednesday, June 25, 20143:56 PM 

To: 'Smith, Michael E' 

Subject: RE: Joel Belgarde v Portland General Electric Co. Our file number: P 949-269438-01 

Mr. Smith: 

Please see the attached letter I received today from an attorney representing NAES in connection with the 

above-referenced matter. As you know, PGE has tendered the defense and settlement of this claim to Liberty 

Mutual as an additional insured under the policy referenced in prior correspondence. To date, Liberty Mutual 

has neither accepted nor denied the tender. As you can see, NAES has denied any responsibility. Whether 

NAES' position is correct or not, PGE did not tender anything to NAES. POE is incurring costs and has been 

forced to retain outside counsel. Please respond in writing - Is Liberty Mutual denying the tender and, if so, 

why? 

Stephen A. Redshaw 

Portland General Electric Co. 

Associate General Counsel 

Stephen.redshaw@pgn.com 

OUice: (503) 464-2559 

Cell: (503) 421-7856 

From: Smith, Michael E [mailto:MICHAELE.SMITH@LibertyMutual.com] 

Sent: Monday, May 12, 2014 12:47 PM 

To: Stephen Redshaw 

Subject: Joel Belgarde v Portland General Electric Co. Our file number: P 949-269438-01 

Stephen, 

Thank you for speaking with me concerning this subject lawsuit. Per our discussion, your tender demand has been 

received and we will be looking to formally address t hat issue as soon as possible. However, since t his is the first report 

of t his matter to Liberty Mutual, it is doubtful that we will be able to complete our review by 05/19/2014. Please 

proceed to answer on your own behalf while we continue to review your tender demand and investigate this matter. If 

we determine that our insured owes defense and/or indemnification to PGE, we will advise on what terms, if any, we 

will accept that defense and/or indemnification. 

1 

• \ 

, 

1 

, 

i 

~ 

EXHIBIT 9

From: Stephen Redshaw 

Sent: Wednesday, June 25, 20143:56 PM 

To: 'Smith, Michael E' 

Subject: RE: Joel Belgarde v Portland General Electric Co. Our file number: P 949-269438-01 

Mr. Smith: 

Please see the attached letter I received today from an attorney representing NAES in connection with the 

above-referenced matter. As you know, PGE has tendered the defense and settlement of this claim to Liberty 

Mutual as an additional insured under the policy referenced in prior correspondence. To date, Liberty Mutual 

has neither accepted nor denied the tender. As you can see, NAES has denied any responsibility. Whether 

NAES ' position is correct or not, PGE did not tender anything to NAES. PGE is incurring costs and has been 

forced to retain outside counsel. Please respond in writing - Is Liberty Mutual denying the tender and, if so, 

why? 

Stephen A. Redshaw 

Portland General Electric Co. 

Associate General Counsel 

Stephen.redshaw@pgn.com 

Otlice: (503) 464-2559 

Cell: (503)421-7856 

From: Smith, Michael E [mailto:MICHAELE.5MITH@LibertyMutual.com] 

Sent: Monday, May 12, 2014 12:47 PM 

To: Stephen Redshaw 

Subject: Joel Belgarde v Portland General Electric Co. Our file number: P 949-269438-01 

Stephen, 

Thank you for speaking with me concerning this subject lawsuit. Per our discussion, your tender demand has been 

received and we will be looking to formally address that issue as soon as possible. However, since this is the first report 

of this matter to Liberty Mutual, it is doubtful that we will be able to complete our review by 05/19/2014. Please 

proceed to answer on your own behalf while we continue to review your tender demand and investigate this matter. If 

we determine that our insured owes defense and/or indemnification to PGE, we will advise on what terms, if any, we 

will accept that defense and/or indemnification. 

1 

.. 

, 

1 
In the meantime, should you receive any additional information that might be helpful in our initial investigation and 

review of your tender demand, please forward. Should you have any questions, please feel free to contact me. 

Michael Smith I Technical Claims Specialist 

Liberty Mutual Insurance 

Commercial Insurance Claims 

Auto/Liability - Southwest Region 

800-672-0834 Ext 32235 

Direct line: 469-242-8735 

(Fax) 888-325-8127 

M Ichaele. Smith@LibertyMutual.com 

Mailing address: PO Box 7214, London, KY 40742-7214 

This e-mail,andanyattachmentsthereto, is intended only for the use of the 

addressee(s) named herein and may contain legally privileged and/or confidential 

information. If you are not the intended recipient of this e-mail, you are hereby 

notified that any dissemination, distribution or copying of this e-mail, and any 

attachments thereto, is strictly prohibited. If you have received this e-mail in error, 

please notify me via return e-mail and via telephone and permanently delete the original 

and any copy of any e-mail and any printout thereof. 

2 

EXHIBIT 9

In the meantime, should you receive any additional information that might be helpful in our initial investigation and 

review of your tender demand, please forward. Should you have any questions, please feel free to contact me. 

Michael Smith I Technical Claims Specialist 

Liberty Mutual Insurance 

Commercial Insurance Claims 

Auto/Liability - Southwest Region 

800-672-0834 Ext 32235 

Direct line: 469-242-8735 

(Fax) 888-325-8127 

M Ichaele. Smith@LibertyMutual.com 

Mailing address: PO Box 7214, London, KY 40742-7214 

This e-mail,andanyattachmentsthereto, is intended only for the use of the 

addressee(s) named herein and may contain legally privileged and/or confidential 

information. If you are not the intended recipient of this e-mail, you are hereby 

notified that any dissemination, distribution or copying of this e-mail, and any 

attachments thereto, is strictly prohibited. If you have received this e-mail in error, 

please notify me via return e-mail and via telephone and permanently delete the original 

and any copy of any e-mail and any printout thereof. 

2 
EXHIBIT 

10 
IN THE CIRCUIT COURT OF THE STATE OF OREGON 

FOR THE COUNTY OF MULTNOMAH 

JOEL BELGARDE, 

Plaintiff, 

vs. Case No. 1404-04814 

PORTLAND GENERAL ELECTRIC COMPANY, 

an Oregon corporation, 

Defendant. 

DEPOSITION OF JOEL BELGARDE 

Taken in behalf of Defendant 

February 9, 2015 

EXHIBIT 10

IN THE CIRCUIT COURT OF THE STATE OF OREGON 

FOR THE COUNTY OF MULTNOMAH 

JOEL BELGARDE, 

Plaintiff, 

vs. Case No. 1404-04814 

PORTLAND GENERAL ELECTRIC COMPANY, 

an Oregon corporation, 

Defendant. 

DEPOSITION OF JOEL BELGARDE 

Taken in behalf of Defendant 

February 9, 2015 
1 

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PGE. 

was built for PGE? 

A. I just recall being told that it was built for 

Q. 

A. 

Q. Who is 

A. Russell 

Q. Russell Morris? 

A. I believe his real 

Q. And who does Mr. Morris 

A. He was second or third in command 

boilermakers when Foster Wheeler had the maintenance 

contract. 

Q. When did Mr. Morris tell you that the air 

cannon was built by Foster Wheeler? 

A. I was working for Foster Wheeler at the Beaver 

plant. Rusty Morris was in charge. That job was finishing 

up, and they were going to transfer all of those employees 

to Boardman for the shutdown. And they had a conversation 

about this new air cannon that they were building that was 

going to make the air heater job much faster and more 

efficient. 

Q. And what did he tell you about that? 

A. Basically, that's all. 

Q. Did he tell you that the air cannon was 

MARCIA MAY & ASSOCIATES - 503.784.6903 

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PGE. 

was built for PGE? 

A. I just recall being told that it was built for 

Q. 

A. 

Q. Who is 

A. Russell 

Q. Russell Morris? 

A. I believe his real 

Q. And who does Mr. Morris 

A. He was second or third in command 

boilermakers when Foster Wheeler had the maintenance 

contract. 

Q. When did Mr. Morris tell you that the air 

cannon was built by Foster Wheeler? 

A. I was working for Foster Wheeler at the Beaver 

plant. Rusty Morris was in charge. That job was finishing 

up, and they were going to transfer all of those employees 

to Boardman for the shutdown. And they had a conversation 

about this new air cannon that they were building that was 

going to make the air heater job much faster and more 

efficient. 

Q. And what did he tell you about that? 

A. Basically, that's all. 

Q. Did he tell you that the air cannon was 

MARCIA MAY & ASSOCIATES - 503.784.6903 

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designed by anybody in particular? 

A. Not not that I know. 

Q. Did he tell you that anyone had seen a similar 

device used at any other facility? 

A. No. 

Q. Have you ever worked at Boardman before this 

conversation with Rusty Morris? 

A. No. 

Q. Were you, in fact, transferred to Boardman? 

A. Yes. 

Q. Was that your first time on the job out there? 

A. Yes. 

Q. SO, this would have been 1994? 

A. Yes. 

Q. Do you know if in 1994 there was an air cannon 

that was actually used at Boardman? 

A. I believe so. 

Q. Did you have any role in building that tool? 

A. No. 

Q. Do you know who built it? 

A. Rusty Morris, Bob Fiocchi (phonetic spelling) . 

They were -- they were foremen and supervisors for Foster 

Wheeler at that time. 

Q. Were they both boilermakers, too? 

A. Yes. 

MARCIA MAY & ASSOCIATES - 503.784.6903 

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designed by anybody in particular? 

A. Not not that I know. 

Q. Did he tell you that anyone had seen a similar 

device used at any other facility? 

A. No. 

Q. Have you ever worked at Boardman before this 

conversation with Rusty Morris? 

A. No. 

Q. Were you, in fact, transferred to Boardman? 

A. Yes. 

Q. Was that your first time on the job out there? 

A. Yes. 

Q. SO, this would have been 1994? 

A. Yes. 

Q. Do you know if in 1994 there was an air cannon 

that was actually used at Boardman? 

A. I believe so. 

Q. Did you have any role in building that tool? 

A. No. 

Q. Do you know who built it? 

A. Rusty Morris, Bob Fiocchi (phonetic spelling). 

They were -- they were foremen and supervisors for Foster 

Wheeler at that time. 

Q. Were they both boilermakers, too? 

A. Yes. 

MARCIA MAY & ASSOCIATES - 503.784.6903 

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Q. Do you know where they built it? 

A. No. 

And when we went out there and looked at it a 

couple 

know if 

there were actually two of them. Do you 

two in 1994? 

A. there were always two. 

Q. Is e a fabrication shop in the maintenance 

contractors area at 

A. Yes. 

Q. Do you 

built? 

A. I don't know. 

Q. You don't know whether it 

off site? 

A. When I was in Beaver, I 

conversation where they were talking 

cannon, and they were all excited that it was 

speed up the work. That was the first time I 

such a thing. 

Q. Why would it speed up the work? 

air cannon was 

A. Probably takes the place of half a dozen men. 

Q. How is that? 

A. To move this large heavy object into position. 

Q. And how does the air cannon replace the men 

who would otherwise have to do that? 

MARCIA MAY & ASSOCIATES - 503.784.6903 

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Q. Do you know where they built it? 

A. No. 

Q. And when we went out there and looked at it a 

couple there were actually two of them. Do you 

know if two in 1994? 

A. there were always two. 

Q. Is e a fabrication shop in the maintenance 

contractors area at 

A. Yes. 

Q. Do you 

built? 

A. I don't know. 

Q. You don't know 

off site? 

A. When I was in Beaver, I 

conversation where they were talking 

cannon, and they were all excited that it was 

speed up the work. That was the first time I 

such a thing. 

Q. Why would it speed up the work? 

air cannon was 

A. Probably takes the place of half a dozen men. 

Q. How is that? 

A. To move this large heavy object into position. 

Q. And how does the air cannon replace the men 

who would otherwise have to do that? 

MARCIA MAY & ASSOCIATES - 503.784.6903 

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A. The men would have to rig it into place using 

various hoists. The air ram just kind of shoves it in a 

hole. 

or 

Q. So did you understand that before 1994 during 

outage on the reheaters the men would have to rig the 

into place? 

I would assume so, but I was never told that 

that. 

when they 

the process for removing those pieces 

to come out to be cleaned or removed, just 

removed? 

A. 

Q. 

A. 

pulled out with an air tugger. 

tugger? 

Q. An air-driven 

A. Yes. 

Q. Did you using a 

similar device? 

A. No. 

Q. Did you ever see anything 

other than the air cannon? 

A. No. 

Q. Do you know where the air 

A. No. 

Q. Do you know if Foster Wheeler took it when th 

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A. The men would have to rig it into place using 

various hoists. The air ram just kind of shoves it in a 

hole. 

Q. So did you understand that before 1994 during 

an outage on the reheaters the men would have to rig the 

into place? 

I would assume so, but I was never told that 

or that. 

when they 

the process for removing those pieces 

to come out to be cleaned or removed, just 

removed? 

A. 

Q. 

A. 

pulled out with an air tugger. 

tugger? 

Q. An air-driven 

A. Yes. 

Q. Did you using a 

similar device? 

A. No. 

Q. Did you ever see anything 

other than the air cannon? 

A. No. 

Q. Do you know where the air 

A. No. 

Q. Do you know if Foster Wheeler took it when th 

MARCIA MAY & ASSOCIATES - 503.784.6903 

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caused the injury 

that we're here talking about today? 

Well, let me go back before we get to that. 

Who trained you in using the air cannon? 

A. Nobody. 

Q. Why not? 

A. I don't think anybody on that job had ever 

used it before. 

Q. Who told you to use it? 

A. My assistant foreman. 

Q. What's his name? 

A. There were two. Martin Hebert was one, but my 

specific, Charles; his first name was Charles. 

Q. Was it typical for you to be told to use a 

tool that you had not been trained how to use? 

A. No. I had been trained to use most tools. 

Q. Have you ever been told as a boilermaker to 

use a tool that you hadn't been trained on? 

A. I'm trying to recall a tool I hadn't been 

trained to use, other than the air cannon. Every other 

tool we used we had been trained with. 

Q. Did it cause you any concern that your 

assistant foreman was telling you to use a tool you hadn't 

had training on? 

A. Yes. 

MARCIA MAY & ASSOCIATES - 503.784.6903 

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caused the injury 

that we're here talking about today? 

Well, let me go back before we get to that. 

Who trained you in using the air cannon? 

A. Nobody. 

Q. Why not? 

A. I don't think anybody on that job had ever 

used it before. 

Q. Who told you to use it? 

A. My assistant foreman. 

Q. What's his name? 

A. There were two. Martin Hebert was one, but my 

specific, Charles; his first name was Charles. 

Q. Was it typical for you to be told to use a 

tool that you had not been trained how to use? 

A. No. I had been trained to use most tools. 

Q. Have you ever been told as a boilermaker to 

use a tool that you hadn't been trained on? 

A. I'm trying to recall a tool I hadn't been 

trained to use, other than the air cannon. Every other 

tool we used we had been trained with. 

Q. Did it cause you any concern that your 

assistant foreman was telling you to use a tool you hadn't 

had training on? 

A. Yes. 

MARCIA MAY & ASSOCIATES - 503.784.6903 

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Q. Did you ask him for training? 

A. He'd never used it. 

Q. Did he tell you that in response to your 

asking him for training, or 

A. He said to me, "I'm going to have you run the 

air cannon because you have the most experience in this 

area," to which I responded, "Well, I've never used the air 

cannon." 

And he said, "You're still the most 

experienced person I have in the crew." 

Q. How long was it before the accident that you 

told that you were the guy who was going to be running 

It was about a week. 

Q. the other folks that you've talked 

about who had running the cannon on site in May 

of 2012? 

A. He was running the other 

air cannon. 

Q. Did he give on how to use the 

air cannon? 

A. I believe 

used the air cannon. 

Q. Was the air cannon 

safety meeting at any time, any occasion that you can 

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Q. Did you ask him for training? 

A. He'd never used it. 

Q. Did he tell you that in response to your 

asking him for training, or 

A. He said to me, "I'm going to have you run the 

air cannon because you have the most experience in this 

area," to which I responded, "Well, I've never used the air 

cannon." 

And he said, "You're still the most 

experienced person I have in the crew." 

Q. How long was it before the accident that you 

told that you were the guy who was going to be running 

It was about a week. 

Q. the other folks that you've talked 

about who had running the cannon on site in May 

of 2012? 

A. He was running the other 

air cannon. 

Q. Did he give on how to use the 

air cannon? 

A. I believe 

used the air cannon. 

Q. Was the air cannon 

safety meeting at any time, any occasion that you can 

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2012? 

Q. 

A. I don't 

usually when it was, 

the safety meeting was clearance, 

off, keeping people from 

from standing behind it. 

day, but it was 

discussion at 

taped 

Q. Did anyone ever -- anyone at NAES ever tell 

you that the air to the air cannon should be shut off 

before it was moved? 

A. (Shaking head.) 

Q. Is that a no? 

A. No. 

Q. Had you ever worked with pneumatic tools that 

be shut off before you move them? 

None like that. 

Q. ever worked with a pneumatic tool 

where you had to off before you could 

move the tool to a new 

A. Yes. 

Q. Was that 

A. It's just common sense, if a tool 

from a job site --

Q. And I'm not saying 

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2012? 

Q. 

A. I don't 

usually when it was, 

the safety meeting was clearance, 

off, keeping people from 

from standing behind it. 

day, but it was 

discussion at 

taped 

Q. Did anyone ever -- anyone at NAES ever tell 

you that the air to the air cannon should be shut off 

before it was moved? 

A. (Shaking head.) 

Q. Is that a no? 

A. No. 

Q. Had you ever worked with pneumatic tools that 

be shut off before you move them? 

None like that. 

Q. ever worked with a pneumatic tool 

where you had to taK off before you could 

move the tool to a new 

A. Yes. 

Q. Was that 

A. It's just common sense, if a tool 

from a job site --

Q. And I'm not saying 

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location 

A. to a job site. 

Q. from a job site. 

I'm saying did you ever have occasion to work 

umatic tools where you set it up to work in one 

it, set it up to work in 

another location? 

A. I'm g that it would go to a new source 

of air or remain 

Q. Remain with the air. 

A. I wouldn't shut the 

Q. Were there shutoffs at the source of 

the air if you had before moving 

the air cannon? 

A. The other end of the air hose was 

the mill air, which was one floor higher, half 

floor, up a set of stairs. 

to 

Q. Did the hose between the mill air and the tool 

have any type of shutoff on it that you could reach? 

A. I don't recall. 

Q. So your memory is that your assistant foreman 

told the air cannon. His first name was 

Charles. 

A. 

Q. Is that right? 

A. Charles, yes. 

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A. to a job site. 

Q. from a job site. 

I'm saying did you ever have occasion to work 

umatic tools where you set it up to work in one 

location it, set it up to work in 

another location? 

A. I'm g that it would go to a new source 

of air or remain 

Q. Remain with the air. 

A. I wouldn't shut the off. 

Q. Were there shutoffs at the source of 

the air if you had before moving 

the air cannon? 

A. The other end of the air hose was 

the mill air, which was one floor higher, half 

floor, up a set of stairs. 

to 

Q. Did the hose between the mill air and the tool 

have any type of shutoff on it that you could reach? 

A. I don't recall. 

Q. So your memory is that your assistant foreman 

told His first name was 

Charles. 

A. 

Q. Is that right? 

A. Charles, yes. 

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week, 

Q. -- reach. 

A. Yes. 

How many times had you done that in the prior 

maneuver? 

A. k there's 24 sectors; somewhere between 

20 and 30 times. 

Q. Did and Mr. Niemeyer to move 

the cannon, or could you do 

you? 

safely. 

A. Yes. It was very 

Q. I asked a compound 

Did it -- yes, you 

A. It took the both of us to move the air 

Q. And when you moved it, you would only shut it 

off at the safety valve; is that right? 

A. Shut off the main valve, open the secondary 

valve. 

Q. And that would, the result would be then if 

the air, if the main valve opens, the air would just go 

through the secondary valve; is that right? 

A. That's how it works out. After we make the 

shot, the valve's turned off, you have to open the 

secondary valve so that the ram can be pulled back in, you 

have to depressurize it so it could be reset. 

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8 

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11:38:56 10 

11 

12 

13 

14 

11:39:07 15 

16 

17 

18 

19 

11:39:19 20 

21 

22 

23 

24 

11:39:40 25 

week, 

Q. -- reach. 

A. Yes. 

How many times had you done that in the prior 

maneuver? 

A. k there's 24 sectors; somewhere between 

20 and 30 times. 

Q. Did and Mr. Niemeyer to move 

the cannon, or could you do 

you? 

safely. 

A. Yes. It was very 

Q. I asked a compound 

Did it -- yes, you 

A. It took the both of us to move the air 

Q. And when you moved it, you would only shut it 

off at the safety valve; is that right? 

A. Shut off the main valve, open the secondary 

valve. 

Q. And that would, the result would be then if 

the air, if the main valve opens, the air would just go 

through the secondary valve; is that right? 

A. That's how it works out. After we make the 

shot, the valve's turned off, you have to open the 

secondary valve so that the ram can be pulled back in, you 

have to depressurize it so it could be reset. 

MARCIA MAY & ASSOCIATES - 503.784.6903 

63 
1 

2 

3 

4 

11:39:58 5 

6 

7 

8 

9 

11:40:14 10 

11 

12 

13 

14 

11:40:44 15 

16 

17 

18 

19 

11:41:15 20 

21 

22 

23 

24 

11:41:39 25 

At that point the valve is open and stays that 

way until you're ready to fire it again, and then that 

valve is closed, and then the primary valve is actuated. 

Q. And is there a reason that you didn't shut off 

the air at the source or at the hose rather than rely on 

those two valves for the safety? 

A. Time. 

Q. Did anyone tell you not to shut it off at the 

source? 

A. No. Just the general practice. 

Q. So, tell me what happened when you and 

were moving the cannon on the day that the, at 

were injured. 

We picked it up and were stepping it forward. 

The primary hooked in my coveralls and turned the 

cannon on, made a noise, and somewhere in the 

valve was bumped and partially 

closed. I believe Mr. was reaching for the 

primary valve, but they're 

secondary valve, and it closed 

activated the ram that I had a hold 

out, hit the basket and the ram 

direction, with me holding onto it. 

Q. What side of the ram were 

A. The right side. 

and he hit the 

piston shot 

other 

MARCIA MAY & ASSOCIATES - 503.784.6903 

64 

EXHIBIT 10

1 

2 

3 

4 

11:39:58 5 

6 

7 

8 

9 

11:40:14 10 

11 

12 

13 

14 

11:40:44 15 

16 

17 

18 

19 

11:41:15 20 

21 

22 

23 

24 

11:41:39 25 

At that point the valve is open and stays that 

way until you're ready to fire it again, and then that 

valve is closed, and then the primary valve is actuated. 

Q. And is there a reason that you didn't shut off 

the air at the source or at the hose rather than rely on 

those two valves for the safety? 

A. Time. 

Q. Did anyone tell you not to shut it off at the 

source? 

A. No. Just the general practice. 

Q. So, tell me what happened when you and 

were moving the cannon on the day that the, at 

were injured. 

We picked it up and were stepping it forward. 

The primary hooked in my coveralls and turned the 

cannon on, made a noise, and somewhere in the 

valve was bumped and partially 

closed. I believe Mr. was reaching for the 

primary valve, but they're 

secondary valve, and it closed 

activated the ram that I had a hold 

out, hit the basket and the ram 

direction, with me holding onto it. 

Q. What side of the ram were 

A. The right side. 

and he hit the 

piston shot 

other 

MARCIA MAY & ASSOCIATES - 503.784.6903 

64 
1 

2 

3 

4 

11:43:32 5 

6 

7 

8 

9 

11:43:48 10 

11 

12 

13 

14 

11:44:16 15 

16 

17 

18 

19 

11:44:39 20 

21 

22 

23 

24 

11:44:51 25 

Q. Bib overalls. Okay. 

Carhartt. 

Do you know who had checked the air cannon out 

room, if anyone? 

A. have no idea. It was already in position 

when I the job. 

Q. had connected the hoses to the 

air, available air? 

A. No. 

Q. Would job? 

A. Actually, we did, 

Q. Is that something did in the morning? 

A. It stayed connected unless 

there was a reason we had to use 

else. On occasion the whole 

inside the hole, and we would have to turn 

and transfer it over to the air tugger so that 

pull whatever object that was stuck back out. And 

something 

up 

air line 

have to switch the air line back over because we only 

one hose. 

Q. When you did that work, how would you shut the 

air off? Change the hose? 

A. Had to climb two flights of stairs and spin 

the valve. 

Q. a spin valve? 

MARCIA MAY & ASSOCIATES - 503.784.6903 

66 

EXHIBIT 10

1 

2 

3 

4 

11:43:32 5 

6 

7 

8 

9 

11:43:48 10 

11 

12 

13 

14 

11:44:16 15 

16 

17 

18 

19 

11:44:39 20 

21 

22 

23 

24 

11:44:51 25 

Q. Bib overalls. Okay. 

A. Carhartt. 

Q. Do you know who had checked the air cannon out 

room, if anyone? 

have no idea. It was already in position 

when I the job. 

Q. had connected the hoses to the 

air, available air? 

A. No. 

Q. Would been someone else's job? 

A. Actually, we did, 

Q. did in the morning? 

A. 

Is that something 

It stayed connected unless 

there was a reason we had to use 

else. On occasion the whole 

inside the hole, and we would have to turn 

and transfer it over to the air tugger so that 

pull whatever object that was stuck back out. And 

something 

up 

air line 

have to switch the air line back over because we only 

one hose. 

Q. When you did that work, how would you shut the 

air off? Change the hose? 

A. Had to climb two flights of stairs and spin 

the valve. 

Q. a spin valve? 

MARCIA MAY & ASSOCIATES - 503.784.6903 

66 
1 

2 Q. Was it that color when you used it? 

3 It gets painted various colors at different 

4 times. 

11:47:57 5 who does that painting? 

6 

Q. 

A. Just one 0 people 

7 enjoy doing. 

8 

9 

11:48:14 10 

Q. 

A. 

Q. 

Is it something 

Yeah. Too much time 

And I think when we were 

11 at this one, wasn't this the one that was not 

12 some reason? Did it have a valve missing? 

A. No, that was the other air cannon. 

looked 

13 

14 

11:48:37 15 

Q. The other one. Okay. And actually, I forgot 

to show you Exhibit 2, which is a drawing from the 

16 Complaint. Is that your drawing? 

17 A. That is my drawing. 

18 Q. SO, using Exhibit 2, can you explain for me 

19 the two valves that we're talking about and which one 

11:48:52 20 

21 

hooked into your overalls? 

A. The valve marked main valve is the valve 

22 handle that was caught in my clothing. 

23 Q. So that, in this depiction, it's pointed down. 

24 When it's down, is it open or closed? 

11:49:16 25 A. Closed. 

MARCIA MAY & ASSOCIATES - 503.784.6903 

68 

EXHIBIT 10

1 

2 Q. Was it that color when you used it? 

3 It gets painted various colors at different 

4 times. 

11:47:57 5 who does that painting? 

6 

Q. 

A. Just one 0 people 

7 enjoy doing. 

8 

9 

11:48:14 10 

Q. 

A. 

Q. 

Is it something 

Yeah. Too much time 

And I think when we were 

11 at this one, wasn't this the one that was not 

12 some reason? Did it have a valve missing? 

A. No, that was the other air cannon. 

looked 

13 

14 

11:48:37 15 

Q. The other one. Okay. And actually, I forgot 

to show you Exhibit 2, which is a drawing from the 

16 Complaint. Is that your drawing? 

17 A. That is my drawing. 

18 Q. SO, using Exhibit 2, can you explain for me 

19 the two valves that we're talking about and which one 

11:48:52 20 

21 

hooked into your overalls? 

A. The valve marked main valve is the valve 

22 handle that was caught in my clothing. 

23 Q. So that, in this depiction, it's pointed down. 

24 When it's down, is it open or closed? 

11:49:16 25 A. Closed. 

MARCIA MAY & ASSOCIATES - 503.784.6903 

68 
1 

2 

3 

4 

11:49:36 5 

6 

7 

8 

9 

11: 50: 32 10 

11 

12 

13 

14 

11:50:57 15 

16 

17 

18 

19 

11:51:20 20 

21 

22 

23 

24 

11:51:43 25 

Q. That's closed. So it caught on your loop? 

A. And as I stepped forward, it became parallel 

with the cannon itself and was actuated. 

Q. So it turned toward the heating element, 

forward, sort of up and to the right? 

A. Correct. 

Q. And that opened the valve? 

And I didn't show you this, I didn't make a 

copy of 

because I want 

in the Complaint other than this page 

show you the valves and have you 

explain to but how is it that Mr. Niemeyer 

closed the safety 

A. When is open the handle sticks 

straight up in the air. And the only thing I 

can figure is he was reachin 

it, because they're virtually n 

main valve and hit 

to each other. 

Q. And if you look at 

depicted on Exhibit 3, are both of 

A. I believe so. 

Q. And the main valve, from my 

looks like it's actually underneath the pipe? 

A. It's a little, if you're looking 

end, I would say it's at 5:00. 

Q. Point it out to me. 

A. (Indicating) . 

of this, 

MARCIA MAY & ASSOCIATES - 503.784.6903 

69 

EXHIBIT 10

1 

2 

3 

4 

11:49:36 5 

6 

7 

8 

9 

11: 50: 32 10 

11 

12 

13 

14 

11:50:57 15 

16 

17 

18 

19 

11:51:20 20 

21 

22 

23 

24 

11:51:43 25 

Q. That's closed. So it caught on your loop? 

A. And as I stepped forward, it became parallel 

with the cannon itself and was actuated. 

Q. So it turned toward the heating element, 

forward, sort of up and to the right? 

A. Correct. 

Q. And that opened the valve? 

And I didn't show you this, I didn't make a 

copy of 

because 

explain to 

in the Complaint other than this page 

show you the valves and have you 

valves, but how is it that Mr. Niemeyer 

closed the safety 

A. When the is open the handle sticks 

straight up in the air. 

can figure is he was reachin 

it, because they're virtually n 

Q. And if you look at 

depicted on Exhibit 3, are both of 

A. I believe so. 

And the only thing I 

main valve and hit 

to each other. 

valves there? 

Q. And the main valve, from my 

looks like it's actually underneath the pipe? 

A. It's a little, if you're looking 

end, I would say it's at 5:00. 

Q. Point it out to me. 

A. (Indicating) . 

MARCIA MAY & ASSOCIATES - 503.784.6903 

69 
1 

2 

3 

4 

11:54:15 5 

6 

7 

8 

9 

11:54:35 10 

11 

12 

13 

14 

11:54:55 15 

16 

17 

18 

19 

11:55:09 20 

21 

22 

23 

24 

11:55:20 25 

instinctively, and closed 

it, not that it 

he was going for the main valve. 

A. I don't know exactly what his intentions were. 

He was on the far side, I'm on this side (indicating), we 

were almost facing each other. We reached down to move it, 

when all of a sudden it comes to life, scared us both. He 

just reached over at the valves, and that's -- that's all I 

remember. And then it just took off. 

And at the time that it was, that air entered 

it, valve accidentally, the safety 

valve was actually 

A. I'm assuming so. 

Q. The ram didn't actuate, it didn't kick until 

somebody closed the safety valve, correct? 

A. Correct. 

Q. SO it was only upon closing the safety valve 

that Mr. Niemeyer did somehow, that the cannon was actuated 

and kicked; is that right? 

A. I believe so. 

Q. Was Mr. Niemeyer still holding it at that 

time? 

A. Holding 

Q. The air cannon? 

A. We were both holding it. 

MARCIA MAY & ASSOCIATES - 503.784.6903 

72 

EXHIBIT 10

1 

2 

3 

4 

11:54:15 5 

6 

7 

8 

9 

11:54:35 10 

11 

12 

13 

14 

11:54:55 15 

16 

17 

18 

19 

11:55:09 20 

21 

22 

23 

24 

11:55:20 25 

instinctively, and closed 

it, not that it 

he was going for the main valve. 

A. I don't know exactly what his intentions were. 

He was on the far side, I'm on this side (indicating), we 

were almost facing each other. We reached down to move it, 

when all of a sudden it comes to life, scared us both. He 

just reached over at the valves, and that's -- that's all I 

remember. And then it just took off. 

And at the time that it was, that air entered 

it, valve accidentally, the safety 

valve was actually 

A. I'm assuming so. 

Q. The ram didn't actuate, it didn't kick until 

somebody closed the safety valve, correct? 

A. Correct. 

Q. SO it was only upon closing the safety valve 

that Mr. Niemeyer did somehow, that the cannon was actuated 

and kicked; is that right? 

A. I believe so. 

Q. Was Mr. Niemeyer still holding it at that 

time? 

A. 

Q. The air cannon? 

A. We were both holding it. 

MARCIA MAY & ASSOCIATES - 503.784.6903 

72 
EXHIBIT 

11 
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JBOO6286 

EXHIBIT 11

--10 

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JBOO6286 
EXHIBIT 

12 
au.an M. Ca:mell 

Recovery Specialist 

Recovery Services International 

RECEIVED RSI 

February 6, 2015 Recovery Services International, Inc. 

HOLLANDt:H, Lt:t:I!::I'II:lAUM P. O. ~ox 5134 

&GANNICOTT 

Gordon Gannicott, Esq. 

Hollander, Lebenbaum & Gannicott 

1500 SW First Ave. Suite 700 

Portland, OR 97201 

Scranton, PA 18505-0577 

Telephone 503.598.1487 

Facsimile 503.431.6811 

susan.carnel1@rsint1.com 

RSI FILl!: NtlMHR: 

CLIENT COMPANY: 

CLIENT INSt.JRBI): 

DA'rB OF BWNT: 

'LACE OF OCCU'RRENCE: 

AMOUNT OF LID: 

YOUR CLIBN'r: 

Dear Mr. Gannicott, 

C494C2807695 

ACE American Ina. Co. (AAIC) 

NABS Corp. 

5/20/2012 

Boardman, OR 

$199,545.57 (compensation/medical/pendinq) 

Joel Belqarde 

NOTICE OF UPDATED LIEN AND SUBROGATION INTEREST. 

We are the recovery agents for the referenced client company. I have 

been assigned the handling of the workers' compensation lien on behalf 

of AAIC and NAES Corp. The amount of the lien in unchanged and the 

workers compensation claim has been closed. 

You have requested copies of the medical bills paid under workers 

compensation. I attach copies of all bills. I have kept the billing in 

order as it is listed on the payment ledger. There is one item listed 

in bold that there is no billing as it was a supplemental payment from a 

previously paid bill. 

We do pay our bills after a bill review which allows for certain bills 

to be reduced. If you need a copy of the subject explanation of review 

for these bills, please let me know. 

Please keep me updated on any pertinent case developments. You may 

contact our office by phone at 1.800.992.7578 extension 61487 or 

503.598.1487. Thank you for your attention to this matter. 

Sincerely, 

(~ tvvt IVl Ui.-v4 

dusan M. Carnell 

Enclosure 

'LBASB UnR TO RSI FILl!: NUNBBR ON ALL CORRESPONDENCB 

JB000295 

EXHIBIT 12

au.an M. Ca:mell 

Recovery Specialist 

Recovery Services International 

RECEIVED RSI 

February 6, 2015 Recovery Services International, Inc. 

HOLLANDt:H, Lt:t:I!::I'II:lAUM P. O. ~ox 5134 

&GANNICOTT 

Gordon Gannicott, Esq. 

Hollander, Lebenbaum & Gannicott 

1500 SW First Ave. Suite 700 

Portland, OR 97201 

Scranton, PA 18505-0577 

Telephone 503.598.1487 

Facsimile 503.431.6811 

susan.carnel1@rsint1.com 

RSI FILl!: NtlMHR: 

CLIENT COMPANY: 

CLIENT INSt.JRBI): 

DA'rB OF BWNT: 

'LACE OF OCCU'RRENCE: 

AMOUNT OF LID: 

YOUR CLIBN'r: 

Dear Mr. Gannicott, 

C494C2807695 

ACE American Ina. Co. (AAIC) 

NABS Corp. 

5/20/2012 

Boardman, OR 

$199,545.57 (compensation/medical/pendinq) 

Joel Belqarde 

NOTICE OF UPDATED LIEN AND SUBROGATION INTEREST. 

We are the recovery agents for the referenced client company. I have 

been assigned the handling of the workers' compensation lien on behalf 

of AAIC and NAES Corp. The amount of the lien in unchanged and the 

workers compensation claim has been closed. 

You have requested copies of the medical bills paid under workers 

compensation. I attach copies of all bills. I have kept the billing in 

order as it is listed on the payment ledger. There is one item listed 

in bold that there is no billing as it was a supplemental payment from a 

previously paid bill. 

We do pay our bills after a bill review which allows for certain bills 

to be reduced. If you need a copy of the subject explanation of review 

for these bills, please let me know. 

Please keep me updated on any pertinent case developments. You may 

contact our office by phone at 1.800.992.7578 extension 61487 or 

503.598.1487. Thank you for your attention to this matter. 

Sincerely, 

(~ tvvt IVl Ui.-v4 

dusan M. Carnell 

Enclosure 

'LBASB UnR TO RSI FILl!: NUNBBR ON ALL CORRESPONDENCB 

JB000295 
JOEL BELGARDE 

Issue Date Check Number Code Amount 

3/13/2014 CN71630736 PP3 $3,957.06 

1/17/2014 CN71329549 PP3 $38,256.56 

1/17/2014 CN71329486 AFX $7,625.00 

1/17/2014 CN71329483 ST $42,375.00 

1/17/2014 CN71328899 PP3 $4,996.11 

12/23/2013 CN71191274 PP3 $4,996.11 

12/6/2013 CN71l09932 REX $1,045.84 

11/25/2013 CN71039989 PP3 $3,957.06 

11/4/2013 CN70918294 TT $1,819.34 

10/21/2013 CN70845967 TT $1,819.34 

10/7/2013 CN70765849 TT $1,819.34 

9/23/2013 CN70685402 TT $1,819.34 

9/9/2013 CN70599440 TT $1,819.34 

8/26/2013 CN70519708 TT $1,819.34 

8/12/2013 CN70437849 TT $1,819.34 

7/29/2013 CN70354800 TT $1,819.34 

7/15/2013 CN70268020 TT $1,804.57 

7/1/2013 CN70190624 TT $1,775.02 

6/17/2013 CN70104539 TT $1,775.02 

6/3/2013 CN70021957 TT $1,775.02 

5/20/2013 CN69942329 TT $1,775.02 

5/6/2013 CN69852112 TT $1,775.02 

4/22/2013 CN69768163 TT $1,775.02 

4/8/2013 CN69679291 TT $1,775.02 

3/25/2013 CN69593498 TT $1,775.02 

3/11/2013 CN69506620 TT $1,775.02 

2/25/2013 CN69421770 TT $1,775.02 

2/11/2013 CN69326436 TT $1,775.02 

1/28/2013 CN69246986 TT $1,775.02 

1/14/2013 CN69161429 TT $1,775.02 

12/31/2012 CN69077299 TT $1,775.02 

12/17/2012 CN68991852 TT $1,775.03 

12/3/2012 CN68887379 TT $1,775.03 

11/19/2012 CN68807089 TT $1,775.03 

11/5/2012 CN68711942 TT $1,775.03 

10/22/2012 CN68627934 TT $1,775.03 

10/8/2012 CN68538970 TT $1,775.03 

9/24/2012 CN68457548 TT $1,775.03 

9/10/2012 CN68363765 TT $1,775.03 

8/27/2012 CN68296628 TT $1,775.03 

8/13/2012 CN68203887 TT $1,775.03 

7/30/2012 CN68121657 TT $1,775.03 

7/16/2012 CN68041320 TT $1,775.03 

7/2/2012 CN67964130 TT $1,775.03 

6/18/2012 CN67874680 TT $887.51 

$172,381.21 

PAYMENT DETAil 

COMPENSATION 

Payee Name 

BElGARDEjJOEl 

BElGARDE;JOEl 

HOLLANDER, lEBENBAUM & GANNICOTT 

BElGARDEjJOEl 

BElGARDEjJOEl 

BElGARDEiJOEl 

BOSTWICK KRIER & D'AUTREMONT 

BElGARDEiJOEl 

BELGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDEjJOEl 

BElGARDE;JOEl 

BElGARDEiJOEl. 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEL 

BElGARDE;JOEl 

BElGARDEiJOEL 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BELGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDEiJOEl 

BEtGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BELGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEL 

BElGARDEiJOEl 

BElGARDE;JOEL 

BElGARDE;JOEl 

BElGARDE;JOEL 

BElGARDE;JOEl 

BElGARDEiJOEL 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

Page lofl 

C494C2807695 

From Date To Date 

3/12/2014 3/12/2014 

1/15/2014 1/15/2014 

1/15/2014 1/15/2014 

1/15/2014 1/15/2014 

1/16/2014 1/16/2014 

12/20/2013 12/20/2013 

11/5/2013 11/29/2013 

11/22/2013 11/22/2013 

10/16/2013 10/29/2013 

10/2/2013 10/15/2013 

9/18/2013 10/1/2013 

9/4/2013 9/17/2013 

8/21/2013 9/3/2013 

8/7/2013 8/20/2013 

7/24/2013 8/6/2013 

7/10/2013 7/23/2013 

6/26/2013 7/9/2013 

6/12/2013 6/25/2013 

5/29/2013 6/11/2013 

5/15/2013 5/28/2013 

5/1/2013 5/14/2013 

4/17/2013 4/30/2013 

4/3/2013 4/16/2013 

3/20/2013 4/2/2013 

3/6/2013 3/19/2013 

2/20/2013 3/5/2013 

2/6/2013 2/19/2013 

1/23/2013 2/5/2013 

1/9/2013 1/22/2013 

12/26/2012 1/8/2013 

12/12/2012 12/25/2012 

11/28/2012 12/11/2012 

11/14/2012 11/27/2012 

10/31/2012 11/13/2012 

10/17/2012 10/30/2012 

10/3/2012 10/16/2012 

9/19/2012 10/2/2012 

9/5/2012 9/18/2012 

8/22/2012 9/4/2012 

8/8/2012 8/21/2012 

7/25/2012 8/7/2012 

7/11/2012 7/24/2012 

6/27/2012 7/10/2012 

6/13/2012 6/26/2012 

6/6/2012 6/12/2012 

JB000296 

EXHIBIT 12

JOEL BELGARDE 

Issue Date Check Number Code Amount 

3/13/2014 CN71630736 PP3 $3,957.06 

1/17/2014 CN71329549 PP3 $38,256.56 

1/17/2014 CN71329486 AFX $7,625.00 

1/17/2014 CN71329483 ST $42,375.00 

1/17/2014 CN71328899 PP3 $4,996.11 

12/23/2013 CN71191274 PP3 $4,996.11 

12/6/2013 CN71l09932 REX $1,045.84 

11/25/2013 CN71039989 PP3 $3,957.06 

11/4/2013 CN70918294 TT $1,819.34 

10/21/2013 CN70845967 TT $1,819.34 

10/7/2013 CN70765849 TT $1,819.34 

9/23/2013 CN70685402 TT $1,819.34 

9/9/2013 CN70599440 TT $1,819.34 

8/26/2013 CN70519708 TT $1,819.34 

8/12/2013 CN70437849 TT $1,819.34 

7/29/2013 CN70354800 TT $1,819.34 

7/15/2013 CN70268020 TT $1,804.57 

7/1/2013 CN70190624 TT $1,775.02 

6/17/2013 CN70104539 TT $1,775.02 

6/3/2013 CN70021957 TT $1,775.02 

5/20/2013 CN69942329 TT $1,775.02 

5/6/2013 CN69852112 TT $1,775.02 

4/22/2013 CN69768163 TT $1,775.02 

4/8/2013 CN69679291 TT $1,775.02 

3/25/2013 CN69593498 TT $1,775.02 

3/11/2013 CN69506620 TT $1,775.02 

2/25/2013 CN69421770 TT $1,775.02 

2/11/2013 CN69326436 TT $1,775.02 

1/28/2013 CN69246986 TT $1,775.02 

1/14/2013 CN69161429 TT $1,775.02 

12/31/2012 CN69077299 TT $1,775.02 

12/17/2012 CN68991852 TT $1,775.03 

12/3/2012 CN68887379 TT $1,775.03 

11/19/2012 CN68807089 TT $1,775.03 

11/5/2012 CN68711942 TT $1,775.03 

10/22/2012 CN68627934 TT $1,775.03 

10/8/2012 CN68538970 TT $1,775.03 

9/24/2012 CN68457548 TT $1,775.03 

9/10/2012 CN68363765 TT $1,775.03 

8/27/2012 CN68296628 TT $1,775.03 

8/13/2012 CN68203887 TT $1,775.03 

7/30/2012 CN68121657 TT $1,775.03 

7/16/2012 CN68041320 TT $1,775.03 

7/2/2012 CN67964130 TT $1,775.03 

6/18/2012 CN67874680 TT $887.51 

$172,381.21 

PAYMENT DETAil 

COMPENSATION 

Payee Name 

BElGARDEjJOEl 

BElGARDE;JOEl 

HOLLANDER, lEBENBAUM & GANNICOTT 

BElGARDEjJOEl 

BElGARDEjJOEl 

BElGARDEiJOEl 

BOSTWICK KRIER & D'AUTREMONT 

BElGARDEiJOEl 

BELGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDEjJOEl 

BElGARDE;JOEl 

BElGARDEiJOEl. 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEL 

BElGARDE;JOEl 

BElGARDEiJOEL 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BELGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDEiJOEl 

BEtGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BELGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEL 

BElGARDEiJOEl 

BElGARDE;JOEL 

BElGARDE;JOEl 

BElGARDE;JOEL 

BElGARDE;JOEl 

BElGARDEiJOEL 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

BElGARDE;JOEl 

Page lofl 

C494C2807695 

From Date To Date 

3/12/2014 3/12/2014 

1/15/2014 1/15/2014 

1/15/2014 1/15/2014 

1/15/2014 1/15/2014 

1/16/2014 1/16/2014 

12/20/2013 12/20/2013 

11/5/2013 11/29/2013 

11/22/2013 11/22/2013 

10/16/2013 10/29/2013 

10/2/2013 10/15/2013 

9/18/2013 10/1/2013 

9/4/2013 9/17/2013 

8/21/2013 9/3/2013 

8/7/2013 8/20/2013 

7/24/2013 8/6/2013 

7/10/2013 7/23/2013 

6/26/2013 7/9/2013 

6/12/2013 6/25/2013 

5/29/2013 6/11/2013 

5/15/2013 5/28/2013 

5/1/2013 5/14/2013 

4/17/2013 4/30/2013 

4/3/2013 4/16/2013 

3/20/2013 4/2/2013 

3/6/2013 3/19/2013 

2/20/2013 3/5/2013 

2/6/2013 2/19/2013 

1/23/2013 2/5/2013 

1/9/2013 1/22/2013 

12/26/2012 1/8/2013 

12/12/2012 12/25/2012 

11/28/2012 12/11/2012 

11/14/2012 11/27/2012 

10/31/2012 11/13/2012 

10/17/2012 10/30/2012 

10/3/2012 10/16/2012 

9/19/2012 10/2/2012 

9/5/2012 9/18/2012 

8/22/2012 9/4/2012 

8/8/2012 8/21/2012 

7/25/2012 8/7/2012 

7/11/2012 7/24/2012 

6/27/2012 7/10/2012 

6/13/2012 6/26/2012 

6/6/2012 6/12/2012 

JB000296 
JOEL BELGARDE 

.ssueOate Check Number Code Amount 

9/18/2013 CN70660271 MAX $1,088.00 

7/10/2013 CN70243236 OHX $106.76 

7/3/2013 CN70209356 MDX $140.51 

7/2/2013 CN70202671 MT $231.09 

6/20/2013 CN70132178 MDX $141.56 

6/20/2013 CN70132387 OHX $106.76 

6/20/2013 CN70132388 OHX $106.76 

6/19/2013 CN70121550 OHX $106.76 

6/19/2013 CN70121542 OHX $106.66 

6/19/2013 CN70121543 OHX $156.44 

6/19/2013 CN70121544 OHX $74.66 

6/19/2013 CN70121545 OHX $106.76 

6/19/2013 CN70121546 OHX $106.76 

6/19/2013 CN70121547 OHX $106.76 

6/19/2013 CN70121548 OHX $106.76 

6/19/2013 CN70121549 OHX $106.76 

6/18/2013 CN70108201 OHX $320.28 

6/4/2013 FW70028173 DRX $21.25 

6/4/2013 CN70027406 OHX $106.76 

5/31/2013 CN70010540 OHX $106.76 

.~ ~" rsY3/2013 CN69842817 BMX $125.51 

~ ,,'< ,. 'I' v 4/23/2013 FW69773952 DRX $21.84 v"'- , 

4/9/2013 CN69682056 MDX $696.00 

4/2/2013 CN69642578 HLX $6,266.48 

4/1/2013 FW69637835 DRX $23.83 

3/21/2013 FW69571484 DRX $2.71 

3/21/2013 FW69571738 DRX $23.82 

3/14/2013 CN69532779 MDX $836.70 

3/13/2013 CN69523753 OHX $213.32 

3/13/2013 CN69524439 OHX $213.32 

2/28/2013 CN69444024 MDX $207.71 

2/22/2013 CN69409839 MDX $140.51 

1/21/2013 CN69205860 OHX $53.33 

1/14/2013 CN69159434 OHX $213.32 

1/14/2013 CN69159713 OHX $106.66 

1/11/2013 CN69151699 OHX $106.66 

1/9/2013 CN69137475 MT $304.70 

12/27/2012 CN69066207 OHX $213.32 

12/26/2012 CN69049524 OHX $213.32 

12/24/2012 CN69036707 OHX $213.32 

12/14/2012 CN68979512 MRX $14.75 

12/13/2012 CN68970523 MDX $140.51 

12/10/2012 CN68930444 MDX $209.75 

12/5/2012 CN68907336 MDX $106.66 

12/5/2012 CN68907471 OHX $106.66 

11/9/2012 CN68747939 OHX $106.66 

10/26/2012 CN68663224 SMX $1,819.09 

10/23/2012 CN68632511 OHX $71.11 

PAYMENT DETAil 

MEDICAL 

Payee Name 

REHABILITATION ASSOCIATES NW 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN FAMilY MEDICINE AT G 

BElGARDEjJOEl 

UPPER HAND ORTHOPAEDICS PC 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAL 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAL 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

PHARMACY 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

UPPER HAND ORTHOPAEDICS PC 

PHARMACY 

OREGON ANESTHESIOLOGY GROUP P 

GOOD SAMARITAN REGIONAL MED CT 

PHARMACY 

PHARMACY 

PHARMACY 

UPPER HAND ORTHOPAEDICS PC 

SAMARITAN HAND AND UPPER EXTREMITY 

SAMARITAN HAND AND UPPER EXTREMITY 

UPPER HAND ORTHOPAEDICS PC 

UPPER HAND ORTHOPAEDICS PC 

SAMARITAN HAND AND UPPER EXTREMITY 

SAMARITAN HAND AND UPPER EXTREMITY 

SAMARITAN HAND AND UPPER EXTREMITY 

SAMARITAN HAND AND UPPER EXTREMITY 

BElGARDE;JOEl 

SAMARITAN HAND AND UPPER EXTREMITY 

SAMARITAN MEDICAL CLINICS 

SAMARITAN HAND AND UPPER EXTREMITY 

CORVALLIS RADIOLOGY 

UPPER HAND ORTHOPAEDICS 

UPPER HAND ORTHOPAEDICS 

SAMARITAN HAND AND UPPER EXTREMITY 

SAMARITAN HAND AND UPPER EXTREMITY 

SAMARITAN MEDICAL CLINICS 

BEAVER SPORTS MEDICINE 

SAMARITAN MEDICAL CLINICS 

Page 10f2 

C494C2807695 

From Date To Date 

8/22/2013 8/22/2013 

5/2/2013 5/2/2013 

12/27/2012 12/27/2012 

2/5/2013 6/4/2013 

6/4/2013 6/4/2013 

5/30/2013 5/30/2013 

5/28/2013 5/28/2013 

4/25/2013 4/25/2013 

3/1/2013 3/7/2013 

3/14/2013 3/14/2013 

3/21/2013 3/21/2013 

4/1/2013 4/1/2013 

4/4/2013 4/4/2013 

4/8/2013 4/8/2013 

4/15/2013 4/15/2013 

4/22/2013 4/22/2013 

5/17/2013 5/23/2013 

5/7/2013 5/1/2013 

5/6/2013 5/6/2013 

4/29/2013 4/29/2013 

2/20/2013 2/20/2013 ! 

3/26/2013 3/26/2013 

2/20/2013 2/20/2013 

2/20/2013 2/20/2013 

3/2/2013 3/2/2013 

2/18/2013 2/18/2013 

2/19/2013 2/19/2013 

2/20/2013 2/20/2013 

10/15/2012 10/25/2012 

11/16/2012 11/20/2012 

2/5/2013 2/5/2013 

12/11/2012 12/11/2012 

12/10/2012 12/10/2012 

11/27/2012 11/29/2012 

12/4/2012 12/4/2012 

12/6/2012 12/6/2012 

5/25/2012 12/11/2012 

10/17/2012 10/22/2012 

10/3/2012 10/10/2012 

11/9/2012 11/13/2012 

6/6/2012 6/6/2012 

10/30/2012 10/30/2012 

10/2/2012 10/2/2012 

11/6/2012 11/6/2012 

11/2/2012 11/2/2012 

10/8/2012 10/8/2012 

6/6/2012 6/6/2012 

9/19/2012 9/19/2012 

JB000297 

EXHIBIT 12

JOEL BELGARDE 

.ssueOate Check Number Code Amount 

9/18/2013 CN70660271 MAX $1,088.00 

7/10/2013 CN70243236 OHX $106.76 

7/3/2013 CN70209356 MDX $140.51 

7/2/2013 CN70202671 MT $231.09 

6/20/2013 CN70132178 MDX $141.56 

6/20/2013 CN70132387 OHX $106.76 

6/20/2013 CN70132388 OHX $106.76 

6/19/2013 CN70121550 OHX $106.76 

6/19/2013 CN70121542 OHX $106.66 

6/19/2013 CN70121543 OHX $156.44 

6/19/2013 CN70121544 OHX $74.66 

6/19/2013 CN70121545 OHX $106.76 

6/19/2013 CN70121546 OHX $106.76 

6/19/2013 CN70121547 OHX $106.76 

6/19/2013 CN70121548 OHX $106.76 

6/19/2013 CN70121549 OHX $106.76 

6/18/2013 CN70108201 OHX $320.28 

6/4/2013 FW70028173 DRX $21.25 

6/4/2013 CN70027406 OHX $106.76 

5/31/2013 CN70010540 OHX $106.76 

.~ ~" rsY3/2013 CN69842817 BMX $125.51 

~ ,,'< ,. 'I' v 4/23/2013 FW69773952 DRX $21.84 v"'- , 

4/9/2013 CN69682056 MDX $696.00 

4/2/2013 CN69642578 HLX $6,266.48 

4/1/2013 FW69637835 DRX $23.83 

3/21/2013 FW69571484 DRX $2.71 

3/21/2013 FW69571738 DRX $23.82 

3/14/2013 CN69532779 MDX $836.70 

3/13/2013 CN69523753 OHX $213.32 

3/13/2013 CN69524439 OHX $213.32 

2/28/2013 CN69444024 MDX $207.71 

2/22/2013 CN69409839 MDX $140.51 

1/21/2013 CN69205860 OHX $53.33 

1/14/2013 CN69159434 OHX $213.32 

1/14/2013 CN69159713 OHX $106.66 

1/11/2013 CN69151699 OHX $106.66 

1/9/2013 CN69137475 MT $304.70 

12/27/2012 CN69066207 OHX $213.32 

12/26/2012 CN69049524 OHX $213.32 

12/24/2012 CN69036707 OHX $213.32 

12/14/2012 CN68979512 MRX $14.75 

12/13/2012 CN68970523 MDX $140.51 

12/10/2012 CN68930444 MDX $209.75 

12/5/2012 CN68907336 MDX $106.66 

12/5/2012 CN68907471 OHX $106.66 

11/9/2012 CN68747939 OHX $106.66 

10/26/2012 CN68663224 SMX $1,819.09 

10/23/2012 CN68632511 OHX $71.11 

PAYMENT DETAil 

MEDICAL 

Payee Name 

REHABILITATION ASSOCIATES NW 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN FAMilY MEDICINE AT G 

BElGARDEjJOEl 

UPPER HAND ORTHOPAEDICS PC 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAL 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAL 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

PHARMACY 

SAMARITAN HAND THERAPY CORVAl 

SAMARITAN HAND THERAPY CORVAl 

UPPER HAND ORTHOPAEDICS PC 

PHARMACY 

OREGON ANESTHESIOLOGY GROUP P 

GOOD SAMARITAN REGIONAL MED CT 

PHARMACY 

PHARMACY 

PHARMACY 

UPPER HAND ORTHOPAEDICS PC 

SAMARITAN HAND AND UPPER EXTREMITY 

SAMARITAN HAND AND UPPER EXTREMITY 

UPPER HAND ORTHOPAEDICS PC 

UPPER HAND ORTHOPAEDICS PC 

SAMARITAN HAND AND UPPER EXTREMITY 

SAMARITAN HAND AND UPPER EXTREMITY 

SAMARITAN HAND AND UPPER EXTREMITY 

SAMARITAN HAND AND UPPER EXTREMITY 

BElGARDE;JOEl 

SAMARITAN HAND AND UPPER EXTREMITY 

SAMARITAN MEDICAL CLINICS 

SAMARITAN HAND AND UPPER EXTREMITY 

CORVALLIS RADIOLOGY 

UPPER HAND ORTHOPAEDICS 

UPPER HAND ORTHOPAEDICS 

SAMARITAN HAND AND UPPER EXTREMITY 

SAMARITAN HAND AND UPPER EXTREMITY 

SAMARITAN MEDICAL CLINICS 

BEAVER SPORTS MEDICINE 

SAMARITAN MEDICAL CLINICS 

Page 10f2 

C494C2807695 

From Date To Date 

8/22/2013 8/22/2013 

5/2/2013 5/2/2013 

12/27/2012 12/27/2012 

2/5/2013 6/4/2013 

6/4/2013 6/4/2013 

5/30/2013 5/30/2013 

5/28/2013 5/28/2013 

4/25/2013 4/25/2013 

3/1/2013 3/7/2013 

3/14/2013 3/14/2013 

3/21/2013 3/21/2013 

4/1/2013 4/1/2013 

4/4/2013 4/4/2013 

4/8/2013 4/8/2013 

4/15/2013 4/15/2013 

4/22/2013 4/22/2013 

5/17/2013 5/23/2013 

5/7/2013 5/1/2013 

5/6/2013 5/6/2013 

4/29/2013 4/29/2013 

2/20/2013 2/20/2013 ! 

3/26/2013 3/26/2013 

2/20/2013 2/20/2013 

2/20/2013 2/20/2013 

3/2/2013 3/2/2013 

2/18/2013 2/18/2013 

2/19/2013 2/19/2013 

2/20/2013 2/20/2013 

10/15/2012 10/25/2012 

11/16/2012 11/20/2012 

2/5/2013 2/5/2013 

12/11/2012 12/11/2012 

12/10/2012 12/10/2012 

11/27/2012 11/29/2012 

12/4/2012 12/4/2012 

12/6/2012 12/6/2012 

5/25/2012 12/11/2012 

10/17/2012 10/22/2012 

10/3/2012 10/10/2012 

11/9/2012 11/13/2012 

6/6/2012 6/6/2012 

10/30/2012 10/30/2012 

10/2/2012 10/2/2012 

11/6/2012 11/6/2012 

11/2/2012 11/2/2012 

10/8/2012 10/8/2012 

6/6/2012 6/6/2012 

9/19/2012 9/19/2012 

JB000297 
JOEL BELGARDE 

10/22/2012 CN68624988 OHX $213.32 

10/18/2012 CN68612053 OHX $106.66 

9/27/2012 CN68480196 OHX $319.98 

9/20/2012 CN68443588 MAX $15.81 

9/20/2012 CN68443584 MRX $126.34 

9/13/2012 FW68394043 DRX $20.19 

9/5/2012 CN68341382 MRX $41.04 

8/31/2012 CN68326226 MDX $106.66 

8/21/2012 FW68259746 DRX $13.02 

8/21/2012 FW68259560 DRX $13.03 

8/16/2012 CN68234228 MDX $696.00 

8/7/2012 CN68172669 MDX $140.51 

8/7/2012 CN68173697 OHX $181.33 

8/1/2012 CN68138140 MDX $272.86 

8/1/2012 CN68139212 MRX $46.88 

8/1/2012 CN68136879 OHX $7,188.62 

7/25/2012 FW68099856 DRX $29.36 

7/11/2012 FW68016913 DRX $30.43 

7/6/2012 CN67991749 MRX $55.15 

7/5/2012 CN67982087 HLX $937.27 

6/22/2012 CN67911765 MDX $144.58 

6/13/2012 CN67845856 MDX $238.94 

$27,164.36 

0[/\ /1 {f 

PAYMENT DETAil 

MEDICAL 

SAMARITAN MEDICAL CLINICS 

SAMARITAN MEDICAL CLINICS 

SAMARITAN MEDICAL CLINICS 

SAMARITAN MEDICAL CliNCS 

DIAGNOSTIC IMAGING ASSOCIATES 

PHARMACY 

BEAVER SPORTS MEDICINE 

SAMARITAN MEDICAL CLINICS 

PHARMACY 

PHARMACY 

OREGON ANESTHESIOLOGY GROUP P 

SAMARITAN MEDICAL CLINICS 

SAMARITAN MEDICAL CLINICS 

BEAVER SPORTS MEDICINE 

BEAVER SPORTS MEDICINE 

GOOD SAMARITAN REG MED CT 

PHARMACY 

PHARMACY 

BEAVER SPORTS MEDICIN 

ALBANY GENERAL HOSPITAL 

SAMARITAN MEDICAL CLINICS 

BEAVER SPORTS MEDICIN 

Page 2 of 2 

C494C2807695 

9/5/2012 9/12/2012 

9/25/2012 9/25/2012 

7/26/2012 8/29/2012 

6/6/2012 6/6/2012 

6/1/2012 6/1/2012 

8/14/2012 8/14/2012 

8/14/2012 8/14/2012 

7/2/2012 7/2/2012 

7/3/2012 7/3/2012 

6/16/2012 6/16/2012 

6/6/2012 6/6/2012 

5/22/2012 5/22/2012 

6/18/2012 6/18/2012 

6/6/2012 6/6/2012 

7/3/2012 7/3/2012 

6/6/2012 6/6/2012 

6/26/2012 6/26/2012 

6/6/201l 6/6/2012 

6/15/2012 6/15/2012 

6/1/2012 6/1/2012 

5/25/2012 5/25/2012 

5/29/2012 5/29/2012 

JB000298 

EXHIBIT 12

JOEL BELGARDE 

10/22/2012 CN68624988 OHX $213.32 

10/18/2012 CN68612053 OHX $106.66 

9/27/2012 CN68480196 OHX $319.98 

9/20/2012 CN68443588 MAX $15.81 

9/20/2012 CN68443584 MRX $126.34 

9/13/2012 FW68394043 DRX $20.19 

9/5/2012 CN68341382 MRX $41.04 

8/31/2012 CN68326226 MDX $106.66 

8/21/2012 FW68259746 DRX $13.02 

8/21/2012 FW68259560 DRX $13.03 

8/16/2012 CN68234228 MDX $696.00 

8/7/2012 CN68172669 MDX $140.51 

8/7/2012 CN68173697 OHX $181.33 

8/1/2012 CN68138140 MDX $272.86 

8/1/2012 CN68139212 MRX $46.88 

8/1/2012 CN68136879 OHX $7,188.62 

7/25/2012 FW68099856 DRX $29.36 

7/11/2012 FW68016913 DRX $30.43 

7/6/2012 CN67991749 MRX $55.15 

7/5/2012 CN67982087 HLX $937.27 

6/22/2012 CN67911765 MDX $144.58 

6/13/2012 CN67845856 MDX $238.94 

$27,164.36 

0[/\ /1 {f 

PAYMENT DETAil 

MEDICAL 

SAMARITAN MEDICAL CLINICS 

SAMARITAN MEDICAL CLINICS 

SAMARITAN MEDICAL CLINICS 

SAMARITAN MEDICAL CliNCS 

DIAGNOSTIC IMAGING ASSOCIATES 

PHARMACY 

BEAVER SPORTS MEDICINE 

SAMARITAN MEDICAL CLINICS 

PHARMACY 

PHARMACY 

OREGON ANESTHESIOLOGY GROUP P 

SAMARITAN MEDICAL CLINICS 

SAMARITAN MEDICAL CLINICS 

BEAVER SPORTS MEDICINE 

BEAVER SPORTS MEDICINE 

GOOD SAMARITAN REG MED CT 

PHARMACY 

PHARMACY 

BEAVER SPORTS MEDICIN 

ALBANY GENERAL HOSPITAL 

SAMARITAN MEDICAL CLINICS 

BEAVER SPORTS MEDICIN 

Page 2 of 2 

C494C2807695 

9/5/2012 9/12/2012 

9/25/2012 9/25/2012 

7/26/2012 8/29/2012 

6/6/2012 6/6/2012 

6/1/2012 6/1/2012 

8/14/2012 8/14/2012 

8/14/2012 8/14/2012 

7/2/2012 7/2/2012 

7/3/2012 7/3/2012 

6/16/2012 6/16/2012 

6/6/2012 6/6/2012 

5/22/2012 5/22/2012 

6/18/2012 6/18/2012 

6/6/2012 6/6/2012 

7/3/2012 7/3/2012 

6/6/2012 6/6/2012 

6/26/2012 6/26/2012 

6/6/201l 6/6/2012 

6/15/2012 6/15/2012 

6/1/2012 6/1/2012 

5/25/2012 5/25/2012 

5/29/2012 5/29/2012 

JB000298