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HIX v. STATE ACC. INS. FUND

579 P.2d 896 (1978)

34 Or.App. 819

In the matter of the Compensation of Darrell HIX, Appellant, v. STATE Accident Insurance Fund and Sidney Sanders, Respondents.

Court of Appeals of Oregon.

Decided June 13, 1978.

Attorney(s) appearing for the Case

Richard A. Stark, Medford, argued the cause and filed the brief for appellant.

C.H. Seagraves, Jr., Grants Pass, argued the cause and filed the brief for employer, respondent.

Stephen D. Brown, Medford, argued the cause and filed the brief for State Acc. Ins. Fund, respondent.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

In this Workers' Compensation case, the sole question is compensability. The claimant, who was sixteen at the time, suffered an injury to his arm while attempting to clear a moving conveyor belt at the Gold Hill Lime Plant. The arm was subsequently amputated. The referee found claimant not to be an employee under ORS 656.005(28) of the Workers' Compensation Act, which provides:

"`Workman' means any person, including a minor, whether lawfully...

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