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KELSEY v. DRUSHELLA-KLOHK NCE

Agency Nos. 91-10681 and 91-14721; CA A79650.

874 P.2d 1349 (1994)

128 Or. App. 53

In the Matter of the Compensation of Daniel P. Kelsey, Claimant, and In the Matter of the Complying Status of Drushella-Klohk NCE. Daniel P. KELSEY, Petitioner, and Department of Consumer and Business Services, Intervenor, v. DRUSHELLA-KLOHK NCE and SAIF Corporation, Respondents.

Court of Appeals of Oregon.

Decided May 18, 1994.

Attorney(s) appearing for the Case

Darrell E. Bewley, argued the cause for petitioner. With him on the brief was Estell and Bewley.

Ridgway K. Foley, Jr., argued the cause for respondent Drushella-Klohk NCE. With him on the brief were Richard T. Kropp, Foley & Duncan, P.C., and Emmons, Kropp, Kryger, Alexander, Egan & Allen, P.C.

Stephanie L. Striffler, Asst. Atty. Gen., argued the cause for intervenor Dept. of Consumer and Business Services. With her on the briefs were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Michael O. Whitty, Sp. Asst. Atty. Gen., waived appearance for respondent SAIF Corp.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

Claimant seeks review of an order of the Workers' Compensation Board in this consolidated proceeding to determine whether Duane Drushella and Joan Klohk-Drushella (respondents) are noncomplying employers and whether claimant's claim is compensable. ORS 656.740(4).

Claimant was injured when he fell from the roof of a house that he was remodeling for respondents, who had purchased the house...

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