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SAIF CORP. v. DCBS

INS0803001; A147036.

284 P.3d 487 (2012)

250 Or. App. 360

SAIF CORPORATION, Petitioner, v. DEPARTMENT OF CONSUMER AND BUSINESS SERVICES INSURANCE DIVISION; and Northwest Children's Theater and School, Inc., Respondents.

Court of Appeals of Oregon.

Decided June 6, 2012.

Attorney(s) appearing for the Case

Karla H. Ferrall , Assistant Attorney General, argued the cause for petitioner. With her on the briefs were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Roy Pulvers , Portland, argued the cause for respondent Department of Consumer and Business Services Insurance Division. With him on the brief was Hinshaw & Culbertson LLP.

Linda C. Attridge argued the cause for respondent Northwest Children's Theater and School, Inc. On the brief was David L. Jorling.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and WALTERS, Judge pro tempore.

WALTERS, J., pro tempore.

In this case, we decide that the Department of Consumer and Business Services (DCBS) was required to use both the "right to control" and the "nature of the work" tests to determine whether certain individuals employed by the Northwest Children's Theater (NWCT) were "workers," as that term is defined in ORS 656.006(3), for whom NWCT was obligated to provide workers' compensation insurance, and that DCBS erred in failing to do so. We therefore...

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