SAIVILLE v. EBI COMPANIES

WCB 83-11737; CA A36422.

726 P.2d 394 (1986)

81 Or. App. 469

In the Matter of the Compensation of Bradley D. Saiville, Claimant. Bradley D. SAIVILLE, Petitioner—Cross-Respondent, v. EBI COMPANIES and Palser Trucking, Inc., Respondents—Cross-Petitioners.

Court of Appeals of Oregon.

Decided October 8, 1986.

Reconsideration Denied November 21, 1986.

Review Denied December 30, 1986.


Attorney(s) appearing for the Case

Mark R. Malco, Newport, argued the cause and filed the briefs for petitioner—cross-respondent.

Craig A. Staples, Portland, argued the cause for respondents—cross-petitioners. With him on the brief was Roberts, Reinisch & Klor, Portland.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


WARDEN, Presiding Judge.

Claimant sustained injuries on June 15, 1983, while working as a truck driver. He had been hired on June 10 on an "on call" basis to work irregular hours as needed and was paid at the rate of 20 cents per mile. He contends that he was also to receive $5 per hour for time spent waiting for his truck to be loaded.

The Workers' Compensation Board affirmed the referee's decision awarding compensation...

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