Benafel v. State Accident Insurance Fund

The issue in this workers’ compensation case is whether claimant’s injury arose "out of and in the course of employment.” ORS 656.005(8)(a). We have recognized that cases such as this turn on their own peculiar facts and that reasoning by analogy to previous cases has little value. Casper v. SAIF, 13 Or App 464, 470, 511 P2d 451 (1973). We have identified the following factors helpful in determining the issue:

" ' "a) Whether the activity was for the benefit of the employer * * *;

" ' "b) Whether the activity was contemplated by the employer and employee either at the time of hiring or later *…