Rubalcaba v. Nagaki Farms, Inc.

The issue in this case is whether claimant is a “worker” for purposes of workers’ compensation coverage. The Workers’ Compensation Board (board) held that claimant was not a “worker” and that, accordingly, he was not entitled to workers’ compensation benefits for injuries that he had suffered while working at employer’s farm. The Court of Appeals affirmed. Rubalcaba v. Nagaki Farms, Inc., 170 Or App 791, 14 P3d 103 (2000). For the reasons that follow, we reverse the decision of the Court of Appeals and the order of the board.

Claimant was a harvest truck driver. He filed a claim for workers’…