Opinion

Agripac, Inc. v. Zimmerman

  • 97 Or. App. 512
  • 776 P.2d 590
Court
Court of Appeals of Oregon
Filed
Jul 12, 1989
Status
Published
Author
Riggs
On the bench
Edmonds, Graber, Riggs
Cited by
0 cases
Authority
More cited than 17.1%

The opinion

RIGGS, J.,

dissenting.

Under Clark v. U.S. Plywood, 288 Or 255, 266-67 , 605 P2d 265 (1980), claimant’s injury was compensable if his conduct was expressly or impliedly allowed by employer. “For example, where an employer acquiesces in a course of on-premises conduct, compensation is payable for injuries which might be sustained from that activity.” 288 Or at 267 .

The Board found that “employer had never instructed claimant not to jump from the dock and claimant had done so on several occasions in the presence of supervisory personnel without reprimand.” That finding of employer’s acquiescence in claimant’s conduct is sufficient to *516 support compensation under Clark . Because the finding is supported by substantial evidence, I would affirm.

I dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.