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PHIL A. LIVESLEY CO. v. RUSS

No. WCB 80-03289; CA A22795; SC 29140.

672 P.2d 337 (1983)

296 Or. 25

In the matter of the Compensation of Peter J. Russ, Claimant. PHIL A. LIVESLEY CO. and United Pacific Insurance Company, Petitioners On Review, v. Peter J. RUSS, Respondent On Review.

Supreme Court of Oregon.

Decided November 15, 1983.

Attorney(s) appearing for the Case

Patric J. Doherty, Portland, argued the cause for petitioners on review. With him on the petition and brief were Dennis R. VavRosky and Rankin, McMurry, VavRosky & Doherty, Portland. Also on the brief in the Court of Appeals was Ronald W. Atwood, Portland.

Michael J. Hansen, Salem, argued the cause for respondent on review. Also on the brief was Thorbeck & Hansen, Salem.

Before LENT, C.J., and PETERSON, CAMPBELL, ROBERTS, CARSON and JONES, Justices.

CARSON, Justice.

This workers' compensation case presents the question of whether an employee is entitled to benefits for injuries sustained in an unexplained on-the-job fall. We conclude that he is, provided he establishes that the fall occurred during the course of his employment and that it was not caused by idiopathic factors.1

The relevant historical facts are uncontested. Claimant was working at his employer's food-processing...

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