Worker’s Compensation Rulings – Personal Pleasure
In Greenblatt v. Symantec Corp, 287 Or App 506 (2017), the worker was injured after playing basketball during a break at work when, while walking off the court just before …
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Worker’s Compensation Rulings – Engaging or Performing
In Roberts v. SAIF, 341 Or 48, 52 (2006), the Supreme Court noted that the phrasing of ORS 656.005(7)(b)(B) made it applicable if the worker’s injury occurred “as a result …
Worker’s Compensation Rulings – Recreational or Social Activity
Since Roberts, the Court of Appeals and the Board have addressed to some degree the parameters of the statutory phrase “recreational or social activities.” The rule that comes out of …
Worker’s Compensation Rulings – Recreational or Social Activities Exclusion
ORS 656.005(7)(b)(B) defines as “not compensable” an “[i]njury incurred while engaging in or performing, or as a result of engaging in or performing, any recreational or social activities primarily for …
Worker’s Compensation Rulings – Personal Comfort Doctrine
The two prong Unitary Work Connection test: In the course of employment (tie, time, place and circumstances); and Arising out of employment (Causal link between the injury and the employment) …
Worker’s Compensation Rulings – Exercise Programs
Another apparent trend concerns exercise programs initiated by the employer that include walking or other forms of exercise oil“ the employer’s premises. In Laura Brown, 68 Van Natta 774 (2016), …
Worker’s Compensation Rulings – Leased Premises
Another trend in recent decades has been for many employers to lease rather than own the workplace premises. As suggested by the “parking lot exception” to the “going and coming …
Worker’s Compensation Rulings – Electronic Communication Devices
The “going and coming” rule is based on the traditional distinction between a “workplace” owned by the employer, where all work activities occur during a defined period or “shift,” and …
Worker’s Compensation Rulings – Going and Coming
he “going and coming rule” is that “injuries sustained while an employee is traveling to or from work do not occur in the course of employment and, consequently, are not …
Worker’s Compensation Rulings – Introduction
Whether an injury or occupational disease is covered by the workers’ compensation law turns on the deceptively simple words “arising out of and in the course of employment,” which appear both in …