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RUBALCABA v. NAGAKI FARMS, INC.

(WCB 99-00151; CA A108450; SC S48217).

43 P.3d 1106 (2002)

333 Or. 614

Raul M. RUBALCABA, Petitioner on Review, v. NAGAKI FARMS, INC. and Paula Insurance Company, Respondents on Review.

Supreme Court of Oregon.

Decided April 11, 2002.

Attorney(s) appearing for the Case

D. Michael Dale, Legal Aid Services of Oregon, Portland, argued the cause for petitioner on review. With him on the briefs was Diane Schwartz.

David Levine, Sheridan, Bronstein & Levine, Lake Oswego, argued the cause for respondents on review. With him on the briefs was Richard D. Barber, Jr.

Lynn-Marie Crider, Salem, filed the brief for amici curiae Oregon AFL-CIO, National Employment Law Project, and the Farmworker Justice Fund. With her on the brief were Rebecca Smith, Catherine K. Ruckelshaus, and Bruce Goldstein.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, RIGGS, and De MUNIZ, Justices.

LEESON, J.

The issue in this case is whether claimant is a "worker" for purposes of workers' compensation coverage. The Workers' Compensation Board (board) held that claimant was not a "worker" and that, accordingly, he was not entitled to workers' compensation benefits for injuries that he had suffered while working at employer's farm. The Court of Appeals affirmed. Rubalcaba v. Nagaki Farms, Inc., 170 Or.App. 791, 14 P.3d 103 (2000). For the reasons that...

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