ROGERS v. STATE ACC. INS. FUND

WCB 76-3717; CA 14541; SC 26745.

616 P.2d 485 (1980)

289 Or. 633

In the Matter of the Compensation of the Beneficiaries of David M. ROGERS, Deceased, Petitioner, v. STATE ACCIDENT INSURANCE FUND, Respondent.

Supreme Court of Oregon.

Decided September 10, 1980.


Attorney(s) appearing for the Case

Martin Sharp, Gresham, argued the cause for petitioner. With him on the brief and petition was Larson & Sharp, Gresham.

Thomas E. McDermott, Portland, argued the cause for respondent. With him on the briefs were Lindsay, Nahstoll, Hart, Neil & Weigler, Portland, and Darrell E. Bewley, Associate Counsel, State Accident Insurance Fund, Salem.

Before DENECKE, C.J., and TONGUE, HOWELL, LENT, PETERSON and TANZER, JJ.


TANZER, Justice.

We accepted review of this workers' compensation case to examine the question of liability of the employer for a worker's death resulting from activities which occur after work hours but while the worker is away from home as a requirement of his employment.

I. THE OPINION ON REVIEW

The Court of Appeals reversed an award to the worker's beneficiary. Because we review for errors of law and are bound by the facts as found by the Court...

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