Medi-Tech International Corp. v. Kwiecinski

Under ORS 656.126(1), workers injured out of state are covered “if Oregon is the place of their permanent employment and if their presence out of state is incidental to that employment.” Employees of Oregon employers who are injured while working permanently outside of Oregon are not covered.

Medi-Tech petitioned for review the order of an administrative law judge (ALJ) ruiling that an employee who was injured in New York was covered by Oregon's Workers' Compensation Law (the Act). ORS 656.001-990. Medi-Tech argued that the ALJ erred by not applying the “permanent employment relation test” to evaluate whether claimant’s permanent place of employment was Oregon when claimant traveled to New York to receive training for work and was injured in an automobile accident. In order to determine whether an employee is covered by the Act, a six-factor “permanent employment relation test” supplies the standard for determining a worker’s permanent place of employment at the time of an injury. The six factors, laid out in Quinton v. LT & L Logging, Inc., 146 Or App 344, 347, 932 P2d 105 (1997), are: "(1) the intent of the employer, (2) the understanding of the employee, (3) the location of the employer and its facilities, (4) the circumstances surrounding the work assignment, (5) the state laws and regulations to which the employer is subject, and (6) the residence of the employees." Reversed and remanded.