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REDMAN INDUSTRIES, INC. v. LANG

94-11757; CA A89422.

921 P.2d 992 (1996)

142 Or. App. 404

In the Matter of the Compensation of Perry A. Lang, Claimant. REDMAN INDUSTRIES, INC., and Aig Claim Services, Petitioners, v. Perry A. LANG, Respondent.

Court of Appeals of Oregon.

Decided July 31, 1996.

Attorney(s) appearing for the Case

Jerald P. Keene, Tigard, argued the cause and filed the brief for petitioners.

David W. Hittle, Salem, argued the cause for respondent. With him on the brief was Burt, Swanson, Lathen, Alexander, McCann & Smith.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

Employer seeks review of an order of the Workers' Compensation Board (Board) holding that claimant suffered a compensable injury when he was struck by a coworker who was angered by claimant's derogatory racial remarks. ORS 656.005(7)(a). We reverse.

We take the facts as found by the Administrative Law Judge (ALJ), which were adopted by the Board and are supported by substantial evidence. ORS 183.482(8)(c). Claimant, a Caucasian male, worked...

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