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 of” engaging in a recreational or social activity or merely “while engaging in” that activity. The court commented, “The latter statutory phrase requires a temporal rather than a causal connection * * *.” 1d. at 52-53. Hence, the exclusion applied even though the worker’s injury while riding on a co-worker’s motorcycle resulted from a collision with another vehicle on the sales lot driven by another employee.

In Greenblatt v. Symantec Corp, 287 Or App 506, 511-12 (2017), the court found it unnecessary to address whether the worker’s injury occurred during or immediately after the recreational activity of playing basketball because, even if it did not occur “while engaging in” that activity, the worker had not diSputed the Board’s finding that it occurred “as a result of” that activity.