SAIF Corp. v. Department of Consumer & Business Services Insurance Division

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 656.005(30), for whom NWCT was obligated to provide workers’ compensation insurance, and that DCBS erred in failing to do so. We therefore reverse and remand.

NWCT operates an acting school and theater in northwest Portland. Its mission is to “educate, entertain, and…