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LIBERTY NORTHWEST INS. CORP. v. POTTS

WCB 90-05167; CA A70348.

850 P.2d 1135 (1993)

119 Or. App. 252

In the Matter of the Compensation of Gregory L. Potts, Claimant. LIBERTY NORTHWEST INSURANCE CORPORATION and Koin TV, Inc., Petitioners, v. Gregory L. POTTS, Respondent.

Court of Appeals of Oregon.

Decided April 21, 1993.

Attorney(s) appearing for the Case

M. Kathryn Olney, Sr. Trial Counsel, Liberty Northwest Ins. Corp., Portland, argued the cause and filed the brief for petitioners.

Martin L. Alvey, Portland, argued the cause for respondent. With him on the brief was William H. Skalak, Portland.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

RICHARDSON, Chief Judge.

Liberty Northwest Insurance Corporation (Liberty), employer's insurer, seeks review of a decision by the Workers Compensation Board that claimant's injury is compensable. Liberty argues that claimant was an independent contractor under ORS 701.025,1 not an employee, at the time of the injury. The Board determined that subsection (1) of ORS 701.025 had not been satisfied, because claimant was not free from the direction...

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