Randall v. Ocean View Construction Co.

The majority concludes that petitioner was not subject to the conclusive presumption of ORS 656.027(7)(b), the statute that the ALJ relied on in determining that petitioner was, in fact, an independent contractor. Choosing to focus on petitioner’s status rather than the nature of the work in order to determine whether he is a “nonsubject worker,” the majority’s conclusion may yield a kinder result, but it is an incorrect one. Because petitioner is, in fact, a nonsubject worker under ORS 656.027(7)(b), I respectfully dissent.

A historical overview of this problem will provide context for the…