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DePEW v. SAIF

83-01758; 83-01928 and CA A33020.

703 P.2d 259 (1985)

74 Or.App. 557

In the matter of the Compensation of Darlene L. Birtch, Claimant, and Joyce L. DePew, Deceased, Claimant. Kenneth C. DePew On Behalf of Kenneth J. DePew, a Minor Child, and Darlene L. Birtch, Petitioners, v. SAIF Corporation, Respondent.

Court of Appeals of Oregon.

Decided July 17, 1985.

Attorney(s) appearing for the Case

William H. Schultz, Portland, argued the cause for petitioner DePew. With him on the brief were Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

Michael N. Gutzler, Salem, argued the cause for petitioner Birtch. On the brief were Howard R. Nielsen, and Allen & Vick, Salem.

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

Petitioners seek judicial review of a Workers' Compensation Board order upholding SAIF's denial of their claims on the ground that petitioners are not "subject workers."1 ORS 656.027. We affirm.

Birtch and DePew were employed by Wert at a private club in Clackamas County. The club was primarily an illegal gambling establishment. Birtch worked as a shift manager. She dealt cards, made sure other card dealers...

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