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COLLINS v. ANDERSON

No. 78-819; CA 12666.

596 P.2d 1001 (1979)

40 Or.App. 765

In the matter of the Compensation of Thomas COLLINS, Claimant, Respondent, v. Horace W. (Andy) and Jean A. ANDERSON, d/b/a National Sheetrock & Supply Co., Petitioners.

Court of Appeals of Oregon.

Decided June 25, 1979.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for petitioners. With him on the brief was Brown, Burt & Swanson, P.C., Salem.

James D. Vick, Salem, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and RICHARDSON and ROBERTS, JJ.

RICHARDSON, Judge.

Employer appeals the determination of the Workers' Compensation Board (Board) that claimant is entitled to compensation benefits for an industrial injury. The sole issue is whether claimant is a worker or an independent contractor.

ORS 656.005 provides:

"* * * "(16) `Employer' means any person, including receiver, administrator, executor or trustee, and the state, state agencies, counties, municipal corporations, school...

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