Allen v. State Accident Insurance Fund

In this worker’s compensation proceeding, the family of the decedent worker seeks death benefits. The issue is whether the injury which caused the worker’s death arose out of and in the course of his employment, ORS 656.005(8)(a). The hearings officer and the Workmen’s Compensation Board held that it did not; the circuit court, reversing the Board, held that it did, and the State Accident Insurance Fund appeals.

Decedent was a security patrolman for Mt. Hood Community College. He was paid by salary based upon an hourly rate for a 40-hour week. He regularly worked the day shift from 8 to 4 and…