C.W. McCallen Construction Co. v. MacDonald

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.

The material facts are undisputed. The Board adopted the administrative law judge’s (ALJ) opinion and order:

“Claimant is [a] 52-year-old man. At times relevant to this proceeding, he was…