Bailey v. Peter Kiewit & Sons

The only issue in this Workers’ Compensation case is whether claimant’s injury to his left index finger, sustained while altering employer-furnished work clothes, is compensable. The Workers’ Compensation Board (Board) affirmed and adopted the referee’s opinion and order denying compensability because claimant’s injury did not arise out of and in the course of his employment. ORS 656.005(8)(a). Claimant appeals; we reverse and remand.

In December, 1978, claimant was employed by respondent as a "hydroblaster,” a sand-blasting job entailing use of a high pressure water hose. Although not a job…