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C.W. McCALLEN CONST. CO. v. MacDONALD

(98-04744; CA A106403)

19 P.3d 977 (2001)

172 Or. App. 738

In the Matter of the Compensation of George A. MacDonald, Claimant. C.W. McCALLEN CONSTRUCTION CO., INC., and Tig Insurance Company, Petitioners, v. George A. MacDONALD, Respondent.

Court of Appeals of Oregon.

Decided February 28, 2001.

Attorney(s) appearing for the Case

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

Ernest M. Jenks, Beaverton, argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and WOLLHEIM, Judge, and CENICEROS, Senior Judge.

WOLLHEIM, J.

In this Workers' Compensation case, C.W. McCallen Construction, Inc., (employer) seeks judicial review of an order of the Workers' Compensation Board (Board), in which the Board held that claimant's injury was not excluded from compensability under ORS 656.005(7)(b)(A). The issue is whether claimant was an "active participant" in an assault or combat. We review for errors of law, ORS 183.482(8), and affirm.

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