54 Van Natta 155 (2002). AUDENCIA MONTEZ, Claimant.

• Case Date: April 12, 2002
• Court: Oregon

Oregon Worker Compensation 2002. 54 Van Natta 155 (2002). AUDENCIA MONTEZ, Claimant 155In the Matter of the Compensation of AUDENCIA MONTEZ, ClaimantWCB Case No. 99-06577, 99-02429ORDER ON REMANDRansom Gilbertson Martin Et Al, Claimant AttorneysJerome P. Larkin, SAIF Legal, Defense Attorneys Sheridan Et Al, Defense AttorneysReviewing Panel: Members Biehl, Phillips Polich, and Bock.1This matter is before the Board on remand from the Court of Appeals. Montez v. Roloff Farms, Inc., 165 Or App 532 (2001). The court has reversed our prior order, Audencia Montez, 52 Van Natta 805, on recon 52 Van Natta 830 (2000), that affirmed an Administrative Law Judge's (ALJ's) order that upheld the SAIF Corporation's denial of claimant's injury claim. In reaching our conclusion, we were not persuaded that claimant was a "subject worker" at the time of injury. Reasoning that we "did not consider claimant's implied contract theory, particularly whether employer had imputed knowledge that claimant worked for, was directed by, and receiving compensation from employer," the court has remanded for reconsideration. Montez, 165 Or App at 539. FINDINGS OF FACT We republish the "Findings of Fact" contained in our prior order, with the following correction and supplementation. All events relevant to this claim took place in 1998, not 1999. Angie, the employer's daughter-in-law, worked as supervisor of the employer's orchards. Her job primarily involved "supervising;" i.e., "making sure everybody is working and they have everything they need." (Tr. 83-84). Javier, one of the employer's 6 foremen, assigned workers' picking areas. (Tr. 34, 65). On the morning of June 11, 1998, Angie or Javier transported claimant, her husband, and her son (among others) to the employer's cherry orchards and told them where to pick cherries. (Tr. 12-13, 34, 83). This was claimant's first day picking cherries. 1 After consultation with the Department of Justice, this Board has chosen to exercise its right to issue orders as a panel of three pursuant to ORS 656.718(2) and (3). 54 Van Natta 155 (2002)156The employer provided workers, including claimant, with a ladder for picking cherries and boxes for the picked cherries. (Tr. 13-14, 31, 65-66). Sometimes Angie walked by the workers while they picked cherries. She told claimant not to throw away too many cherries and to...