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WALLACE v. GREEN THUMB, INC.

WCB No. 81-02577; CA A24243; SC 29443.

672 P.2d 344 (1983)

296 Or. 79

Samuel WALLACE, Respondent On Review, v. GREEN THUMB, INC., Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided November 29, 1983.

Attorney(s) appearing for the Case

Emil R. Berg, Portland, argued the cause for petitioner on review. With him on the briefs was Wolf, Griffith, Bittner, Abbott & Roberts, Portland.

Charles S. Tauman, Portland, argued the cause for respondent on review. With him on the briefs was Willner, Bennett, Bobbitt & Hartman, Portland.

LENT, Justice.

The issue is whether an injury sustained on the employer's premises during personal comfort activities by a resident employee continuously on call1 is compensable. We hold that it is and affirm the Court of Appeals. The employer's denial of the claim was affirmed by the referee and the Workers' Compensation Board. Claimant requested judicial review, and the Court of Appeals reversed and remanded with instructions to accept...

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