Opinion

Randall v. SAIF

  • 307 Or. App. 6
  • 476 P.3d 98
Court
Court of Appeals of Oregon
Filed
Oct 7, 2020
Status
Published
On the bench
Egan
Cited by
2 cases
Authority
More cited than 66.8%

The opinion

6

Submitted on remand from the Oregon Supreme Court November 21, 2019,

affirmed October 7, 2020, petition for review denied February 19, 2021

(367 Or 559)

In the Matter of the Compensation of

Mary K. Meyers, Claimant.

Michelle RANDALL,

Personal Representative of

the Estate of Mary K. Meyers,

Petitioner,

v.

SAIF CORPORATION

and Jadent Incorporated,

Respondents.

Workers’ Compensation Board

1303794; A160626

476 P3d 98

The Supreme Court remanded this workers’ compensation case to the Court

of Appeals for reconsideration in light of Gadalean v. SAIF, 364 Or 707, 439 P3d

965 (2019). In its original opinion, Meyers v. SAIF, 291 Or App 331, 336-37, 420

P3d 28 (2018), vac’d sub nom Randal v. SAIF, 365 Or 657, 451 P3d 610 (2019), the

Court of Appeals held that, claimant, who was injured on employer’s premises on

her way to a paid training that was to be preceded by a mere formality of an unpaid

“orientation” involving the completion of paperwork, was entitled to workers’

compensation benefits. In Gadalean, the Supreme Court held that, under the

workers’ compensation law, a “worker” is a person who takes on an obligation

to provide services with a reasonable expectation of remuneration. Held: At the

time claimant arrived for the unpaid orientation, she had a reasonable expec-

tation that she would be paid for the training. Thus, claimant was a “worker”

under the Supreme Court’s holding in Gadalean, and that case does not require a

change in the court’s disposition.

Affirmed.

On remand from the Oregon Supreme Court, Randall v.

SAIF, 365 Or 657, 451 P3d 610 (2019).

Julene M. Quinn argued the cause and filed the briefs for

petitioner.

Beth Cupani argued the cause and filed the brief for

respondents.

Cite as 307 Or App 6 (2020) 7

Before Ortega, Presiding Judge, and Egan, Chief Judge,

and Lagesen, Judge.

EGAN, C. J.

Affirmed.

8 Randall v. SAIF

EGAN, C. J.

The Supreme Court has remanded this workers’

compensation case to us for reconsideration of our opinion in

Meyers v. SAIF, 291 Or App 331, 336-37, 420 P3d 28 (2018),1

in light of the Supreme Court’s recent opinion in Gadalean

v. SAIF, 364 Or 707, 439 P3d 965 (2019). We have reconsid-

ered our opinion and adhere to it.

Claimant came to employer’s office with the under-

standing that she would engage in a brief unpaid orientation

involving the completion of paperwork and would then begin

a paid training for a position as a telemarketer. Meyers, 291

Or App at 332. She was injured when she was hit by a door

in a stairwell of employer’s office and fell while on her way

to the unpaid orientation. The board found that claimant

had been invited by employer to attend the orientation and

the paid training but that her hiring was contingent on her

completion of paperwork at the orientation. Although the

board found that, “more than likely,” claimant would have

been hired after the orientation had she not been injured,

the board reasoned that, at the time of her injury, claim-

ant had not yet been hired for remuneration, even though

she understood that she would be engaging in the training

and had an expectation that she would be paid. The board

concluded that claimant was not a worker at the time of her

injury. Id. at 333-34.

Given the board’s findings, we held that they

required the conclusion that the unpaid orientation was a

mere formality, rather than a hurdle that claimant had to

overcome to participate in the paid training. We reversed

the board, holding that the board’s conclusion that claim-

ant did not have a reasonable expectation at the time of her

injury that she would be paid for her services was not sup-

ported by substantial evidence or substantial reason. Id. at

336-37.

The facts of the Supreme Court’s opinion in Gadalean

are quite different. There, the claimant was injured during

a pre-employment drive test. The employer had not made

1

We note that, since our original opinion, the worker has died, and the per-

sonal representative of the worker’s estate has been substituted as claimant.

Cite as 307 Or App 6 (2020) 9

an offer of remuneration for the drive test. 364 Or at 713.

The board rejected the claimant’s contention that, at the

time of his injury, he was a “worker” within the meaning

of ORS 656.005(30) (defining “worker” as “any person * * *

who engages to furnish services for a remuneration”). We

reversed the board, holding that Oregon’s minimum wage

laws would have entitled the claimant to be paid for the

drive test and, therefore, he was a worker within the mean-

ing of the workers’ compensation statute. Gadalean v. SAIF,

286 Or App 227, 398 P3d 503 (2017). The Supreme Court

reversed, holding that, when an employer does not offer

to pay a putative employee for services, the person is not

a worker under the workers’ compensation laws. Gadalean,

364 Or at 722. The court held that a “worker,” within the

meaning of ORS 656.005(30), is a person who takes on an

obligation to provide services with a reasonable expectation

of remuneration. Id. at 721-22. Because the court held that

the claimant in Gadalean had not established a reasonable

expectation of remuneration at the time he was injured

during a test delivery for the employer, the court said that it

did not need to decide whether, once a worker has taken on

an obligation to provide services for remuneration, an injury

sustained prior to the start of remunerable duties might be

compensable. Id. at 718 n 5.

Now we are asked to reconsider our holding in

Meyers, specifically in light of the Supreme Court’s holding

in Gadalean that, at the time of an injury, a worker must

have engaged to furnish services with a reasonable expec-

tation of remuneration. Unlike in Gadalean, where the

court concluded that there was no reasonable expectation

of remuneration, here the board found that employer had

invited claimant to come for the orientation and the paid

training, which would have taken place immediately after

the orientation. Thus, as distinct from Gadalean, at the time

claimant arrived for the orientation, she had a reasonable

expectation that she would be paid for the training. For that

reason, the Supreme Court’s holding in Gadalean does not

require a change in our disposition.

Additionally, the Supreme Court’s opinion in

Gadalean does not bear on or require us to reconsider our

10 Randall v. SAIF

holding in our original opinion that, because claimant had

been invited to both the orientation and the paid training and

had a reasonable expectation when she came to employer’s

office that she would begin a paid training, claimant was a

worker within the meaning of ORS 656.005(30) at the time

of her injury, despite the fact that she had not completed the

orientation.2 Accordingly, we adhere to it.

Affirmed.

2

The Supreme Court explicitly stated that it did not need to address in

Gadalean whether a person who is injured before starting services for remunera-

tion is a “worker.” Id. at 718 n 5.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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