ANDREWS v. TEKTRONIX, INC.

WCB 93-08329, 93-05174; CA A85441; SC S42504.

915 P.2d 972 (1996)

323 Or. 154

In the Matter of the Compensation of Brian W. Andrews, Claimant, Brian W. ANDREWS, Petitioner on Review, v. TEKTRONIX, INC., Sedgwick James & Co., Associated Plumbing & Saif Corporation, Respondents on Review.

Supreme Court of Oregon.

Decided May 9, 1996.


Attorney(s) appearing for the Case

James L. Edmunson, Eugene, argued the cause for petitioner on review. With him on the brief was James Francesconi, Portland.

Michael O. Whitty, Special Assistant Attorney General, Salem, argued the cause for respondent on review SAIF Corporation as insurer of Associated Plumbing. James W. Moller, Special Assistant Attorney General, Salem, filed the brief. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Deborah Sather, Portland, waived oral argument for respondents on review Tektronix, Inc., and Sedgwick James & Co.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS, and DURHAM, JJ.


GILLETTE, Justice.

In this workers' compensation case, employer instructed claimant to avoid heavy lifting on the job. Claimant was injured when he fell (or slipped) while carrying a heavy piece of equipment at a job site. The Workers' Compensation Board denied compensability, concluding that claimant's violation of his employer's instructions placed his injury outside the course and scope of claimant's employment. The Court of Appeals affirmed that decision, and...

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