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CITY OF PORTLAND v. THOMAS

WCB 84-00523; CA A36063.

726 P.2d 965 (1986)

81 Or. App. 642

In the Matter of the Compensation of Joseph N. Thomas, Claimant. CITY OF PORTLAND, Petitioner, v. Joseph N. THOMAS, Respondent.

Court of Appeals of Oregon.

Decided October 15, 1986.

Attorney(s) appearing for the Case

Barry F. Shanks, Portland, argued the cause for petitioner. With him on the briefs were Michael A. Lehner and Mitchell, Lang & Smith, Portland.

James L. Edmunson, Eugene, argued the cause for respondent. With him on the brief was Malagon & Associates, Eugene.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and John A. Reuling, Jr., Asst. Atty. Gen., Salem, filed a brief amicus curiae for the State of Oregon.

Jerald P. Keene and Roberts, Reinsch & Klor, P.C., Portland, filed a brief amicus curiae for Oregon Self Insurers' Ass'n.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

The City of Portland (City) petitions for review of an order of the Workers' Compensation Board which awarded claimant benefits for injuries which he incurred while providing farrier services. City argues that the Board erred in holding that ORS 656.029,1 which governs the filing of declarations of independent contractor status, applies to municipalities and, therefore, erroneously deemed claimant to be an employe of City...

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