SAIF Corp. v. Cox

Employer petitions for review of an order of the Workers’ Compensation Board, which determined that, under the so-called “dual capacity doctrine,” claimant was a subject worker entitled to compensation. We remand for the Board to determine whether claimant was a bona fide corporate officer and director with a substantial ownership interest in employer, at the time he was injured. ORS 656.027(9).

The Board adopted these findings by the referee:

“Claimant, 31 years of age at hearing, has worked for approximately 7 years at the premises where he was working on July 22,1994 when he sustained a…