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MONTEZ v. ROLOFF FARMS, INC.

99-06577 and 99-02429; A110500

28 P.3d 1255 (2001)

175 Or. App. 532

In the Matter of the Compensation of Audencia Montez, Claimant. Audencia MONTEZ, Petitioner, v. ROLOFF FARMS, INC., SAIF Corporation, Roloff Bros., Inc., and Paula Insurance Co., Respondents.

Court of Appeals of Oregon.

Decided August 1, 2001.

Attorney(s) appearing for the Case

R. Adian Martin argued the cause and filed the brief for petitioner.

Jerome P. Larkin argued the cause and filed the brief for respondents Roloff Farms, Inc. and SAIF Corporation.

Richard D. Barber and Sheridan, Bronstein & Levine, Lake Oswego, filed the brief for respondents Roloff Bros., Inc. and Paula Insurance.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.

SCHUMAN, J.

While picking cherries at Roloff Farms, Inc. (employer), claimant fell from a ladder and fractured a finger. She applied for workers' compensation. Employer's insurer, SAIF, found that she was not employed by employer at the time of the injury and denied her claim. At the hearing on that denial, the sole issue was whether employer had "engaged [claimant] to furnish services for remuneration" under ORS 656.005(30). The administrative law judge (ALJ) and...

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