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BAUER v. RICHARDSON

475 P.2d 995 (1970)

In the matter of the Compensation of Leo J. BAUER, Claimant. Leo J. Bauer, Appellant, v. Johnnie W. RICHARDSON, Respondent.

Court of Appeals of Oregon, Department 1.

Decided November 2, 1970.

Attorney(s) appearing for the Case

Charles R. Marsch, Bend, argued the cause and filed the briefs for appellant.

William M. Holmes, Bend, argued the cause for respondent. On the brief were Gray, Fancher, Holmes & Hurley, Bend.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

FORT, Judge.

This workmen's compensation case presents two questions. (1) Was the claimant a workman within the Act? (2) Was the work being done by the claimant in the course of the "trade, business or profession of his employer" within the meaning of ORS 656.027(3) (a)? The employer contends the answer to each question is in the negative.

The hearing officer answered the first question in the affirmative and the second in the negative, thus rejecting the...

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