Lake Oswego Hunt, Inc. v. Filings of the National Council on Compensation Insurance

SAIF seeks judicial review of an order of the Department of Insurance and Finance (DIF) finding that four horse trainers who provided services to Lake Oswego Hunt, Inc., during the audit period April 1, 1989, through March 31, 1990, were not “workers” under former ORS 656.005 (27)(renumbered ORS 656.005(28) in 1990).

DIF applied the four-factor right to control test of Castle Homes, Inc. v. Whaite, 95 Or App 269, 769 P2d 215 (1989), for the entire audit period, and concluded that, because Lake Oswego Hunt neither controlled nor retained a right to control the manner and method used to train…