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WALLACE v. GREEN THUMB, INC.

WCB No. 81-02577; CA A24243.

658 P.2d 560 (1983)

61 Or.App. 595

In the matter of the Compensation of Samuel WALLACE, Claimant. Samuel Wallace, Petitioner, v. GREEN THUMB, INC., Respondent.

Court of Appeals of Oregon.

Decided February 16, 1983.

Reconsideration Denied April 1, 1983.

Attorney(s) appearing for the Case

Charles S. Tauman, Portland, argued the cause for petitioner. With him on the briefs was Willner, Bennett, Bobbitt, Hartman & Tauman, P.C., Portland.

Emil R. Berg, Portland, argued the cause for respondent. With him on the brief was Wolf, Griffith, Bittner, Abbott & Roberts, Portland.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.

WARREN, Judge.

Claimant appeals an order of the Workers' Compensation Board affirming the self-insured employer's denial of his claim for benefits. We reverse.

The facts are undisputed. At the time of the injury, claimant was 87 years old and employed as a watchman and caretaker of a rural fire station utilized by a volunteer fire department. His duties consisted of assistance in a "Meals on Wheels" program, security for the fire station, maintenance of the...

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