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SORENSON v. LaTOUR

01-09496; 01-09230; 01-01622; A131026.

176 P.3d 395 (2007)

217 Or. App. 373

In the Matter of the Compensation of Martin L. Madsen, Claimant. Tom SORENSON, Petitioner, v. Ronald C. LaTOUR, Martin L. Madsen and Department of Consumer and Business Services, Respondents.

Court of Appeals of Oregon.

Decided December 26, 2007.

Attorney(s) appearing for the Case

Timothy C. Gerking, Medford, argued the cause for petitioner. With him on the briefs were Thaddeus G. Pauck and Brophy Mills Schmor Gerking Brophy & Paradis, LLP.

H. Scott Plouse and Hornecker, Cowling, Hassen & Heysell, L.L.P., Medford, filed the brief for respondent Ronald C. LaTour.

Robert F. Webber, Medford, Arthur W. Stevens III, and Black, Chapman, Webber, Stevens, Petersen & Lundblade filed the brief for respondent Martin L. Madsen.

Richard Wasserman, Attorney-in-Charge, Civil/Administrative Appeals Unit, waived appearance for respondent Department of Consumer and Business Services.

Before WOLLHEIM, Presiding Judge, and ROSENBLUM and SERCOMBE, Judges.

SERCOMBE, J.

Petitioner Sorenson seeks review of a final order of the Workers' Compensation Board (board). The order classified Sorenson as a "statutory employer" under ORS 656.029(1) and, therefore, accountable for workers' compensation benefits for a worker injured during the construction of a house on Sorenson's farm. ORS 656.029(1) creates that type of accountability when a person contracts for "the performance of labor where such labor is a normal and customary...

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