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RANDALL v. OCEAN VIEW CONSTRUCTION CO.

98-09289; A116878.

100 P.3d 1088 (2004)

196 Or. App. 153

In the Matter of the Subject Worker Status of John Randall, Claimant. John RANDALL, Petitioner, v. OCEAN VIEW CONSTRUCTION COMPANY and Department of Consumer and Business Services, Respondents.

Court of Appeals of Oregon, En Banc.

Resubmitted April 1, 2004.

Decided November 10, 2004.

Attorney(s) appearing for the Case

Christine C. Frost, Portland, argued the cause for petitioner. With her on the briefs was Robert K. Udziela.

Kenneth L. Kleinsmith argued the cause for respondent Ocean View Construction Company. With him on the brief was Brad G. Garber.

Judy Lucas, Assistant Attorney General, argued the cause for respondent Department of Consumer and Business Services. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Chief Judge, EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, SCHUMAN, and ORTEGA, Judges, and DEITS, Judge pro tempore.

Resubmitted En Banc April 1, 2004.

LANDAU, J.

Claimant seeks review of an order of the Director of the Department of Consumer and Business Services (department) that affirms an order of the Workers' Compensation Division (WCD) holding that claimant was not a subject worker. We reverse and remand for reconsideration.

The relevant facts are not in dispute. Claimant had a Construction Contractors Board (CCB) license. Ocean View Construction Company (Ocean...

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