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STATE ACC. INS. FUND v. BROADWAY CAB CO.

WCB No. 79-1978; CA 18461.

629 P.2d 829 (1981)

52 Or.App. 689

STATE Accident Insurance Fund Corporation, Petitioner, v. BROADWAY CAB COMPANY, Respondent.

Court of Appeals of Oregon.

Decided June 15, 1981.

Reconsideration Denied July 23, 1981.

Attorney(s) appearing for the Case

Darrell E. Bewley, Appellate Counsel, SAIF, argued the cause, for petitioner. With him on brief, were K.R. Maloney, General Counsel, and James A. Blevins, Chief Trial Counsel, SAIF, Salem.

Jeffrey M. Batchelor, Portland, argued the cause, for respondent. With him on brief were James H. Clarke, Nelson D. Atkin, II, and Spears, Lubersky, Campbell & Bledsoe, Portland.

Before JOSEPH, C.J., and BUTTLER and WARDEN, JJ.

JOSEPH, Chief Judge.

The State Accident Insurance Fund (SAIF) has petitioned for judicial review of an order of the Workers' Compensation Board (Board) which reversed the part of the referee's order which had found owner-drivers of taxicabs to be subject workers within the meaning of former ORS 656.005(28) (now ORS 656.005(29)). Although the referee and the Board had expressed substantial doubt about their subject matter jurisdiction to determine the controversy in...

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