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WASHINGTON GROUP INTERNATIONAL v. BARELA

0502983; A133870.

180 P.3d 107 (2008)

218 Or. App. 541

In the Matter of the Compensation of Kaleiokalani Barela, Claimant. WASHINGTON GROUP INTERNATIONAL, Petitioner, v. Kaleiokalani BARELA, Respondent.

Court of Appeals of Oregon.

Decided March 19, 2008.

Attorney(s) appearing for the Case

Norman Cole, Portland, argued the cause for petitioner. With him on the briefs were Deborah L. Sather and Sather, Byerly & Holloway.

R. Adian Martin argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

Claimant injured his foot when, during an unpaid lunch break, he assisted a coworker in jostling a vending machine to dislodge a candy bar that had been purchased by another person. Employer denied claimant's workers' compensation claim for the foot injury on the ground that the injury arose from a noncompensable social activity and, in any event, did not arise out of or in the scope of employment. The Workers' Compensation Board (board) set aside the...

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