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RICHERT v. S.I.A.C.

240 Or. 381 (1965)

401 P.2d 701

RICHERT v. STATE INDUSTRIAL ACCIDENT COMMISSION

Supreme Court of Oregon.

Affirmed May 12, 1965.

Attorney(s) appearing for the Case

Philip A. Levin, Portland, argued the cause for appellant. With him on the brief were Pozzi, Levin & Wilson and Donald R. Wilson, Portland.

Noreen A. Saltveit, Assistant Attorney General, Portland, argued the cause for respondent. With her on the brief were Robert Y. Thornton, Attorney General, and Ray H. Lafky, Assistant Attorney General, Salem.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.

AFFIMED.

DENECKE, J.

Plaintiff workwoman correctly states: "The issue presented by this case is whether the operation of an apartment house building, including its maintenance and repair, is a `hazardous occupation.'" The trial court held it was not and plaintiff appeals.

1. It is the occupation of the employer, not the employee, that is determinative. Butler v. State Ind. Acc. Com., 212 Or. 330, 334, ...

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