Clausing v. K-Mart Corporation

Claimant seeks review of a Workers’ Compensation Board order that reinstated K-Mart Corporation’s denial of his claim. ORS 656.298. The question is whether K-Mart is responsible under ORS 656.029(1) for providing workers’ compensation coverage for claimant. The Board concluded that it is not.

Claimant worked for a company that contracted with K-Mart to provide janitorial services. Claimant was injured while cleaning one of K-Mart’s stores. ORS 656.029(1) requires that

“If a person awards a contract involving the performance of labor where such labor is a normal and customary part or process of…