Irvington Transfer v. Jasenosky

Employer seeks review of a Workers’ Compensation Board order that held that claimant’s injury, which resulted from an altercation with a fellow employee at work, was not excluded from compensability under former ORS 656.005 (7)(a) as an injury sustained by a claimant who was an ‘ ‘active participant” in a fight that occurred on the job. Employer argues that the Board’s findings are not supported by substantial evidence and that the Board erred as a matter of law in concluding that claimant was not an active participant in the altercation. We affirm.

Claimant was a furniture mover. In early…