SAIF v. COX

93-12345; CA A85496.

893 P.2d 553 (1995)

133 Or. App. 666

In the Matter of the Compensation of Kevin D. Cox, Claimant. SAIF CORPORATION and Action Mill Work, Inc., Petitioners, v. Kevin D. COX, Respondent.

Court of Appeals of Oregon.

Decided April 12, 1995.


Attorney(s) appearing for the Case

Michael O. Whitty, Sp. Asst. Atty. Gen., argued the cause, for petitioners. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Anita C. Smith, Salem, argued the cause, for respondent. With her on the brief were Estell and Bewley.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.


HASELTON, Judge.

Employer petitions for review of an order of the Workers' Compensation Board, which determined that, under the so-called "dual capacity doctrine," claimant was a subject worker entitled to compensation. We remand for the Board to determine whether claimant was a bona fide corporate officer and director with a substantial ownership interest in employer, at the time he was injured. ORS 656.027(9).

The Board adopted these findings by the referee...

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