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BELL v. HARTMAN

No. 76-6895; CA 14475.

604 P.2d 1273 (1980)

44 Or.App. 21

In the Matter of the Compensation of Aldwyn C. BELL, Claimant, Petitioner, and the Complying Status of Don R. Hartman, Jr., Dale C. Hartman, Sr., and Ernest S. Gruenberg, Employers, v. Gayle HARTMAN, Donald G. Hartman, Don R. Hartman, Jr., Dale C. Hartman, Sr., Ernest S. Gruenberg, State Accident Insurance Fund, and Wineberg Racing Association, Inc., Dba Portland Meadows Racetrack, Respondents.

Court of Appeals of Oregon.

Decided January 14, 1980.

Attorney(s) appearing for the Case

Richard A. Sly, Portland, argued the cause for petitioner. With him on the brief was Bloom, Ruben, Marandas & Sly, Portland.

John S. Folawn, Portland, argued the cause for respondents Gayle Hartman, Donald G. Hartman, Don R. Hartman, Jr., Dale C. Hartman, Sr., and Ernest S. Gruenberg. With him on the brief was Jensen, DeFrancq, Holmes & Schulte, Portland.

Darrell E. Bewley, Associate Counsel, State Acc. Ins. Fund, Salem, argued the cause for respondent State Acc. Ins. Fund. With him on the brief was K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Acc. Ins. Fund, Salem.

John Edward Snarksis, Certified Law Student, Portland, argued the cause for respondent Wineberg Racing Ass'n, Inc., dba Portland Meadows Racetrack. With him on the brief was Bruce A. Bottini, Portland.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

RICHARDSON, Judge.

The issue in this workers' compensation case is whether claimant is an employee entitled to compensation for his injuries. Claimant is a "freelance" jockey, licensed to ride in horse races in Oregon and three other western states. On May 16, 1976, he sustained injuries when he fell from a horse during a race at Portland Meadows Race Track. The horse was trained by Ernest Gruenberg, and was owned by Don and Gayle Hartman. However, the horse was registered...

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