# Agripac, Inc. v. Zimmerman

> Court of Appeals of Oregon · July 12, 1989 · 97 Or. App. 512

URL: https://www.frixlaw.com/law-library/cases/6937424

## Case

- **Full name:** In the Matter of the Compensation of David S. Zimmerman, AGRIPAC, INC. v. ZIMMERMAN
- **Court:** Court of Appeals of Oregon
- **Decided:** July 12, 1989
- **Citations:** 97 Or. App. 512; 776 P.2d 590
- **Precedential status:** Published
- **Opinion:** Dissent by Riggs
- **Judges:** Edmonds, Graber, Riggs
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6937424

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6937424. Public record. Not legal advice.