Clark v. U. S. Plywood

This case involves the scope of the personal comfort doctrine. The sole issue in this workers’ compensation case is whether the employee’s death arose out of and in the course of his employment, as required by ORS 656.005(8)(a). The referee ruled that it did not. The Workers’ Compensation Board (Board) disagreed and granted benefits to the employee’s beneficiaries.

The deceased employee (Clark) worked in a plywood manufacturing plant on the 11 p.m. to 7 a.m. shift. During the shift he was allowed a 20-minute meal period, for which he was paid. The employer provided a lunchroom, but employees…