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VAN DER VAARTE v. SAIF

0503090, A136173.

208 P.3d 975 (2009)

228 Or. App. 337

In the Matter of the Compensation of Michael C. Van Der Vaarte, Claimant. Michael C. VAN DER VAARTE, Petitioner, v. SAIF CORPORATION and Beds for Less, Inc., Respondents.

Court of Appeals of Oregon.

Decided May 13, 2009.

Attorney(s) appearing for the Case

Arthur W. Stevens III argued the cause for petitioner. With him on the briefs was Black, Chapman, Webber, Stevens, Petersen & Lundblade.

David L. Runner, Special Assistant Attorney General, argued the cause for respondents. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Claimant seeks judicial review of an order of the Workers' Compensation Board (the board) denying the compensability of injuries he sustained in a fight with a coworker. The board concluded that claimant's injuries did not occur "in the course of" his employment, as required by ORS 656.005(7)(a), because claimant was engaged in an activity—fighting—that was prohibited by employer and was beyond the boundaries of his ultimate work. Claimant...

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