Gadalean v. SAIF Corp. (In re Comp. of Gadalean)

Summary

The Oregon Supreme Court held that a commercial truck driver injured during an unpaid preemployment driving test was not a covered worker under Oregon's Workers' Compensation Law. The court concluded that ORS 656.005(30) requires the claimant to have engaged to furnish services with a reasonable expectation of remuneration, and that minimum wage law did not independently establish worker status. The court reversed the Court of Appeals and affirmed the Workers' Compensation Board's denial of coverage.

Holdings

1. A person qualifies as a worker under ORS 656.005(30) only if the person undertakes an obligation to furnish services with a reasonable expectation of remuneration.
2. Minimum-wage law does not, by itself, convert a person into a worker under ORS 656.005(30) or supply the required reasonable expectation of remuneration.
3. Claimant was not a worker under ORS 656.005(30) because the Board found that he had been told the driving test was unpaid and therefore had no reasonable expectation of remuneration.

Questions Presented

1. Whether a claimant injured during an unpaid preemployment driving test qualifies as a worker under ORS 656.005(30).
2. Whether minimum-wage law can supply or imply the remuneration element of the workers' compensation definition of worker.
3. Whether the phrase 'engages to furnish services for a remuneration' requires a reasonable expectation of remuneration.

Disposition

reversed