McIntyre v. Wright

The majority bases its decision in this case on our conclusion in Sandstrum v. SAIF, 46 Or App 773, 613 P2d 96, rev den 289 Or 677 (1980). I dissented in that case because I did not feel it was necessary to reach the issue of whether SAIF is an employer for purposes of ORS 23.777. That issue is central to this case.

SAIF is not an employer in the sense that "the benefits payable to the injured worker are not compensation for personal services performed by the worker for SAIF.” Sandstrum v. SAIF, supra, 46 Or App at 779. However, the workers’ compensation system is intended to provide an…