After the accident, Zeigler’s spouse filed a workers’ compensation claim. ESSG, Atlas, and BRF each denied responsibility, and the matter was appealed to the Workers’ Compensation Board. The board, following a three-day hearing before an administrative law judge, found that ESSG was the responsible employer. The board based its decision on the finding that ESSG, through Atlas, was aware of Zeigler’s placement at BRF’s project, paid his wages, and collected service fees. These actions were sufficient to establish an implied-in-fact contract between ESSG and BRF, making ESSG liable for workers’ compensation benefits.
Oregon court clarifies workers’ compensation liability in staffing agency fatality
