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JACKSON v. TILLAMOOK GROWERS CO-OP

WCB 77-7962; CA 12178.

592 P.2d 235 (1979)

39 Or.App. 247

Compensation of Russell H. JACKSON, Claimant, Petitioner, v. TILLAMOOK GROWERS CO-OP, Respondent.

Court of Appeals of Oregon.

Decided March 19, 1979.

Attorney(s) appearing for the Case

Harlan Bernstein, Portland, argued the cause for petitioner. With him on the brief were William B. Aitchison and Franklin, Bennett, Ofelt & Jolles, P.C., Portland.

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

Before SCHWAB, C.J., and THORNTON, LEE and GILLETTE, JJ.

THORNTON, Judge.

Claimant appeals an order of the Workers' Compensation Board affirming a referee's determination that claimant is not entitled to workers' compensation benefits under the Oregon law on account of injuries claimant sustained while in California. Both the Board and the referee concluded that claimant, a long-haul truck driver, was based in California and thus did not fall within the ambit of ORS 656.126(1), which provides:

"If a worker employed...

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