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U.S. PLYWOOD v. CLARK

No. 76-06736; CA A23834.

662 P.2d 782 (1983)

63 Or.App. 72

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

Court of Appeals of Oregon.

Argued and Submitted October 11, 1982.

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 and filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Employer appeals from an order of the Workers' Compensation Board allowing a widow's claim for death benefits. The deceased employe (Clark) was fatally injured when he attempted to retrieve his lunch from the top of a hot glue press where he had placed it for heating earlier in his shift. The sole issue is whether employes' heating their lunches on the press was impliedly allowed by the employer; if it was, then Clark's widow is entitled...

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