HACKNEY v. TILLAMOOK GROWERS CO-OP.

WCB No. 76-6792; CA 10879.

593 P.2d 1195 (1979)

39 Or.App. 655

In the matter of the Compensation of Walter HACKNEY, Claimant, Petitioner, v. TILLAMOOK GROWERS CO-OP., Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted April 16, 1979.

Decided April 23, 1979.


Attorney(s) appearing for the Case

John D. Ryan, Portland, argued the cause for petitioner. With him on the brief was Richard G. Helzer, Portland.

Frank A. Moscato, Portland, argued the cause for respondent. With him on the brief were James M. Callahan, and Gearin, Landis & Aebi, Portland.


Resubmitted In Banc April 16, 1979.

LEE, Judge.

Claimant appeals from a Workers' Compensation Board (Board) order denying benefits for an injury he sustained while arm wrestling with a fellow employee. We affirm.

Claimant was an assistant truck driver on a two-driver long-haul sleeper rig. Compensation was on a mileage basis and lodging expense was paid on layovers. Claimant's immediate superior was Peterson, the other driver. It was Peterson's responsibility...

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