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MATTER OF COMPENSATION OF BAILEY

No. 79-3803; CA 18579.

626 P.2d 3 (1981)

51 Or.App. 507

In the matter of the Compensation of Luther A. Bailey, Claimant. Luther A. Bailey, Petitioner, v. PETER KIEWIT & SONS, Respondent.

Court of Appeals of Oregon.

Decided March 30, 1981.

Attorney(s) appearing for the Case

Gregory Parker, Ashland, argued the cause for petitioner. With him on brief was Cottle, Howser & Cue, Ashland.

Brian C. Pocock, Medford, argued the cause for respondent. With him on brief was Cowling, Heysell & Pocock, Medford.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

BUTTLER, Judge.

The only issue in this Workers' Compensation case is whether claimant's injury to his left index finger, sustained while altering employer-furnished work clothes, is compensable. The Workers' Compensation Board (Board) affirmed and adopted the referee's opinion and order denying compensability because claimant's injury did not arise out of and in the course of his employment. ORS 656.005(8)(a). Claimant appeals; we reverse and remand.

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