Henn v. State Accident Insurance Fund Corp.

From my review of this record and the authorities cited by both sides, I am convinced that claimant was an employe of Parents Home Service Institute, Inc., and as such was covered under the Oregon Workers’ Compensation Act. ORS 656.005(28); Woody v. Waibel, 276 Or 189, 554 P2d 692 (1976). I base this conclusion on the following.

First, the amount of control the employer was authorized to exercise over claimant’s work. Although the agreement between the parties indicated that claimant was an independent contractor, the record discloses significant direct evidence of control. The employe was…