MEMMOTT v. S.I.A.C.


235 Or. 360 (1963)

385 P.2d 188

MEMMOTT v. STATE INDUSTRIAL ACCIDENT COMMISSION

Supreme Court of Oregon.

Affirmed September 25, 1963.


Attorney(s) appearing for the Case

W.A. Franklin, Portland, argued the cause for appellant. On the brief were Anderson, Franklin, Jones, Olsen & Bennett, Portland.

T. Walter Gillard, Assistant Attorney General, Portland, argued the cause for respondent State Industrial Accident Commission. With him on the brief were Robert Y. Thornton, Attorney General, and Ray H. Lafky, Assistant Attorney General, Salem, and George S. Woodworth, Assistant Attorney General, Portland.

No appearance for respondents Kronberg.

Before McALLISTER, Chief Justice, and O'CONNELL, GOODWIN, DENECKE and LUSK, Justices.


AFFIRMED.

GOODWIN, J.

This is an action by an injured employe seeking coverage under the Workmen's Compensation Law (ORS 656.002 to 656.590).

His employer had neither applied for nor rejected coverage, but this fact would not affect the right of the workman to recover if the employer should be found to have been engaged in a hazardous occupation. ORS 656.026. The jury found for the plaintiff but the trial court entered judgment n.o.v. for the State...

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