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KESSEN v. BOISE CASCADE CORP.

82-01160; CA A30610.

693 P.2d 52 (1984)

In the matter of the Compensation of Jerry W. KESSEN, Claimant. Jerry W. Kessen, Petitioner, v. BOISE CASCADE CORPORATION, Respondent.

Court of Appeals of Oregon.

Argued and Submitted November 15, 1984.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for petitioner. With him on the brief was Burt, Swanson, Lathen, Alexander & McCann, Salem.

Paul De Muniz, Salem, argued the cause for respondent. With him on the brief were Robert R. Trethewy and Garrett, Seideman, Hemann, Robertson & De Muniz, P.C., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

In this workers' compensation case involving an altercation at work, claimant appeals from the Board's order on review, which affirmed and adopted the referee's opinion and order denying compensation because of the so-called "aggressor defense." We affirm.

Claimant is a 35-year old truck driver. Although employer's drivers are not always assigned particular shifts, claimant generally worked nights during the period of this incident. At 5 p...

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