Barker v. Wagner Mining Equipment, Inc.

Claimant appeals from adverse rulings on his claim for compensation for injuries received in an off-the-premises accident, which he claims arose “out of and in the course of employment.” ORS 656.002(6).

Claimant was employed in defendant’s factory on the swing shift — 4:30 p.m. to 12:30 a.m. The union contract which set the hours and pay for the claimant required him to work for seven and one-half hours per shift for which he was paid a sum equivalent to “eight (8) times the regular hourly day rate, plus fifteen (15) cents per hour.” The day shift worked eight hours for eight hours’ pay. The…