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CARLILE v. GREENINGER

580 P.2d 588 (1978)

35 Or.App. 51

In the matter of the Compensation of Dale CARLILE, Claimant, Respondent, v. Carroll GREENINGER, Employer, Appellant.

Court of Appeals of Oregon.

Decided July 5, 1978.

Attorney(s) appearing for the Case

Hayes Patrick Lavis, Astoria, argued the cause for appellant. With him on the brief was Anderson, Fulton, Lavis & Van Thiel, Astoria.

Philip L. Nelson, Astoria, argued the cause for respondent. With him on the brief was Miller and Nelson, Astoria.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

THORNTON, Judge.

The only issue in this appeal is whether claimant qualified as an employe of the alleged employer under ORS 656.027. The referee concluded that claimant was a subject employe, but the Workers' Compensation Board reversed, concluding that claimant was an independent contractor. The circuit court reversed the Board and remanded the case for the payment of claimant's claim.

Claimant and a friend, Mr. Harris, were hired by defendant to fall cord...

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