WINCHESTER v. HAAKE, 3 Or. App. 198 (1970)

472 P.2d 840

WINCHESTER, Respondent, v. HAAKE, Appellant.

Oregon Court of Appeals.Submitted on record and briefs June 15, 1970
Affirmed July 30, 1970

Appeal from Circuit Court, Jackson County.

JAMES M. MAIN, Judge.

Bernard P. Kelly, and Kelly Grant, Medford, for appellant.

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Charles H. Seagraves, Jr., and Myrick, Seagraves Nealy, Grants Pass, for respondent.

Before SCHWAB, Chief Judge, and LANGTRY and FOLEY, Judges.

AFFIRMED.

PER CURIAM.

The claimant-workman was injured in an accident while working on the construction of a house for defendant-owner. The sole issue before this court is whether claimant was an employe as he alleged, or an independent contractor as the defendant claimed.

The hearing officer found that pursuant to oral agreement claimant worked for defendant-owner in the construction of the house for $5.50 per hour. Claimant was an experienced builder and acted as “lead man” in the construction, but defendant-owner arranged for and paid employes to assist claimant, reserved the right to and did make structural changes, and selected and ordered materials to be used. The hearing officer also found that claimant was under the direct authority and control of the defendant-owner.

The hearing officer, the Workmen’s Compensation Board and the circuit court all found claimant was an employe rather than an independent contractor.

We review the record de novo. Hannan v. Good Samaritan Hosp., 4 Or. App. 178, 471 P.2d 831, 91 Adv Sh 903, 476 P.2d 931
(1970) Sup Ct review denied (1971). We agree with the findings of the hearing officer that claimant was an employe rather than an independent contractor. See Butts v. State Ind. Acc. Comm., 193 Or. 417, 239 P.2d 238 (1951), and Bowser v. State Indus. Accident Comm., 182 Or. 42, 185 P.2d 891 (1947).

Affirmed.

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