RICHEY v. BARRETT BUSINESS SERVICES

(99-02426; CA A110039)

20 P.3d 260 (2001)

173 Or. App. 29

In the Matter of the Compensation of Johnny R. Richey, Claimant. Johnny R. RICHEY, Petitioner, v. BARRETT BUSINESS SERVICES, Respondent.

Court of Appeals of Oregon.

Decided March 14, 2001.


Attorney(s) appearing for the Case

Donald E. Beer, Portland, argued the cause for petitioner. With him on the brief was Popick & Merkel, Portland.

Scott H. Terrall, Portland, argued the cause for respondent. With him on the brief was Terrall & Terrall, Portland.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


LANDAU, P.J.

Claimant seeks review of an order of the Workers' Compensation Board (Board) upholding employer's denial of his lower back injury claim. Claimant argues that the Board applied an incorrect legal standard. We agree and reverse and remand for reconsideration.

The relevant facts are not in dispute. Claimant worked as a "leased employee" whom employer assigned out to other employers. While working as a construction laborer on a residential work project...

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