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DCBS v. CLEMENTS

0500006SD; A141287.

246 P.3d 62 (2010)

240 Or. App. 226

DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, Petitioner, v. Michael J. CLEMENTS, Respondent.

Court of Appeals of Oregon.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Karla H. Ferrall argued the cause for petitioner. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Rube G. Junes and Clark and Feeney filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Claimant filed a workers' compensation claim after sustaining injuries while on a long-haul truck-driving trip with Marshall "Scott" Burch, a partner in Lorelei Transportation. The Workers' Compensation Division (WCD) denied the claim after concluding that claimant was not a subject worker and that Lorelei Transportation was thus not subject to the Workers' Compensation Law. Claimant requested a hearing. An administrative law judge (ALJ) concluded that...

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