LANE v. GLEAVES VOLKSWAGEN

No. 77-1184; CA 11675.

591 P.2d 368 (1979)

39 Or.App. 5

Compensation of Carroll LANE, Jr., Respondent, v. GLEAVES VOLKSWAGEN, Petitioner.

Court of Appeals of Oregon.

Decided March 5, 1979.

Reconsideration Denied May 14, 1979.


Attorney(s) appearing for the Case

Paul D. Clayton, Eugene, argued the cause for petitioner. With him on the brief was Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

Joel B. Reeder, Medford, argued the cause and filed the brief, for respondent.

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


SCHWAB, Chief Judge.

Claimant, an auto mechanic, fell while climbing over a seven-foot-tall fence as he was leaving his employer's premises. The Workers' Compensation Board, reversing the referee's order, held that his resulting injuries arose out of and in the course of employment. ORS 656.005(8)(a). We reverse.

Claimant's regular work hours normally ended at 5 p.m. He stayed late one evening to attend a training program. When that program ended, claimant...

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