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IRVINGTON TRANSFER v. JASENOSKY

90-01455; CA A69535.

842 P.2d 454 (1992)

116 Or. App. 635

In the Matter of the Compensation of Richard L. Jasenosky, Claimant. IRVINGTON TRANSFER and SAIF Corporation, Petitioners, v. Richard L. JASENOSKY, Respondent.

Court of Appeals of Oregon.

Decided December 2, 1992.

Attorney(s) appearing for the Case

Kenneth L. Kleinsmith, Portland, argued the cause for petitioners. With him on the brief was Meyers & Radler, Portland.

Glen H. Downs, Portland, argued the cause for respondent. With him on the brief were J. Michael Casey and Doblie & Associates, Portland.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

DEITS, Judge.

Employer seeks review of a Worker's Compensation Board order that held that claimant's injury, which resulted from an altercation with a fellow employee at work, was not excluded from compensability under former ORS 656.005(7)(a) as an injury sustained by a claimant who was an "active participant" in a fight that occurred on the job.1 Employer argues that the Board's findings are not supported by substantial evidence...

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