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CLARK v. U.S. PLYWOOD

No. 76-6736; CA 10832.

590 P.2d 281 (1979)

38 Or.App. 381

In the matter of the Compensation of the Beneficiaries of George CLARK, Deceased, Respondent, v. U.S. PLYWOOD, Petitioner.

Court of Appeals of Oregon.

Decided February 6, 1979.

Attorney(s) appearing for the Case

Keith D. Skelton, Portland, argued the cause and filed the brief for petitioner.

Benton Flaxel, North Bend, argued the cause for respondent. With him on the brief was Flaxel, Todd & Nylander, North Bend.

Before RICHARDSON, P.J., and LEE and JOSEPH, JJ.

JOSEPH, Judge.

This case involves the scope of the personal comfort doctrine. The sole issue in this workers' compensation case is whether the employee's death arose out of and in the course of his employment, as required by ORS 656.005(8)(a). The referee ruled that it did not. The Workers' Compensation Board (Board) disagreed and granted benefits to the employee's beneficiaries.

The deceased employee (Clark) worked in a plywood manufacturing plant on the...

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