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BUCKNER v. KENNEDY'S RIDING ACADEMY

526 P.2d 450 (1974)

In the matter of the Compensation of Julie Ann BUCKNER, Claimant. Julie Ann Buckner, Respondent, v. KENNEDY'S RIDING ACADEMY, Appellant.

Court of Appeals of Oregon.

Decided September 9, 1974.

Rehearing Denied October 2, 1974.

Review Denied November 1, 1974.

Attorney(s) appearing for the Case

Noreen K. Saltveit, Portland, argued the cause for appellant. With her on the briefs were Marmaduke, Merten & Saltveit, Portland.

Raymond J. Conboy, Portland, argued the cause for respondent. With him on the brief were Pozzi, Wilson & Atchison and Brian L. Welch, Portland.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

THORNTON, Judge.

This workmen's compensation appeal involves three questions: (1) Was respondent an employer subject to the Act? ORS 656.002(14) and 656.023. (2) Was claimant a subject workman? ORS 656.002(22) and 656.027. (3) Was claimant an employe at the time of her injury?

Claimant was injured when she was stepped on by a horse at Kennedy's Riding Academy on July 2, 1972. Mr. Kennedy has operated this business for a number of years and has usually been...

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