ROBERTS v. SAIF CORP.

(Agency No. 02-07221; CA A122465; SC S52078).

136 P.3d 1105 (2006)

341 Or. 48

In the Matter of the Compensation of Clifton R. Roberts, Claimant. Clifton R. ROBERTS, Petitioner on Review, v. SAIF CORPORATION and Butler Ford, Inc., Respondents on Review.

Supreme Court of Oregon.

Decided June 15, 2006.


Attorney(s) appearing for the Case

Robert F. Webber, of Black, Chapman, Webber, Stevens & Peterson, Medford, argued the cause and filed the petition for petitioner on review.

David L. Runner, Appellate Counsel, SAIF Corporation, Salem, argued the cause and filed the brief for respondents on review.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, BALMER, and KISTLER, Justices.


KISTLER, J.

A coworker backed a company pickup into claimant while claimant was riding a motorcycle at work. Claimant filed a workers' compensation claim. Employer resisted the claim on the ground that a statutory exclusion for injuries incurred "while engaging in or performing * * * any recreational or social activit[y] primarily for the worker's personal pleasure" applied. See ORS 656.005(7)(b)(B) (stating exclusion)....

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