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CASTLE HOMES, INC. v. WHAITE

WCB No. 86-17464; CA A47482.

769 P.2d 215 (1989)

95 Or.App. 269

In the matter of the Compensation of Leora J. Whaite, Claimant, and in the Matter of the Complying Status of CASTLE HOMES, INC., an Oregon Corporation, Employer; Richard J. Carney, Individually, and Dirk G. Stangier, Individually. Castle Homes, Inc., Richard J. Carney and Dirk G. Stangier, Petitioners — Cross-Respondents, v. Leora J. WHAITE, Respondent — Cross-Petitioner, and Saif Corporation, Respondent — Cross-Respondent.

Court of Appeals of Oregon.

Decided February 22, 1989.

Attorney(s) appearing for the Case

Michael J. Martinis, Salem, argued the cause for petitioners — cross-respondents. With him on the brief was Webb and Martinis, Salem.

William E. McCann, Bend, argued the cause and filed the brief for respondent — cross-petitioner.

No appearance for respondent — cross-respondent SAIF Corp.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

In this proceeding to determine whether Castle Homes is a noncomplying employer under the Workers' Compensation Law, the question is whether claimant, a mobile home salesperson, was, at the time she was injured, an employe of Castle or an independent contractor. The referee determined that she was an employe and that Castle was a noncomplying employer. Castle seeks review of the determination that it is a noncomplying employer. Claimant cross-petitions...

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