BARKER v. WAGNER MINING EQUIPMENT, INC.


487 P.2d 1162 (1971)

In the matter of the Compensation of Robert G. BARKER, Claimant. Robert G. Barker, Appellant, v. WAGNER MINING EQUIPMENT, INC. (Formerly Wagner Mining Scoop, Inc.), Respondent.

Court of Appeals of Oregon, Department 2.

Decided August 12, 1971.


Attorney(s) appearing for the Case

Dan O'Leary, Portland, argued the cause for appellant. With him on the brief were Pozzi, Wilson & Atchison, Portland.

Stephen R. Frank, Portland, argued the cause for respondent. With him on the brief were Edwin J. Peterson, and Tooze, Powers, Kerr, Tooze & Peterson, Portland.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.


LANGTRY, Judge.

Claimant appeals from adverse rulings on his claim for compensation for injuries received in an off-the-premises accident, which he claims arose "out of and in the course of employment." ORS 656.002(6).

Claimant was employed in defendant's factory on the swing shift — 4:30 p.m. to 12:30 a.m. The union contract which set the hours and pay for the claimant required him to work for seven and one-half hours per shift for which he was paid...

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