Richert v. State Industrial Accident Commission

Plaintiff workwoman correctly states: “The issue presented by this case is whether the operation of an apartment house building, including its maintenance and repair, is a ‘hazardous occupation.’ ” The trial court held it was not and plaintiff appeals.

It is the occupation of the employer, not the employee, that is determinative. Butler v. State Ind. Acc. Com., 212 Or 330, 334, 318 P2d 303 (1958). The Workmen’s Compensation Act specifies which occupations are hazardous. ORS 656.084. The occupation of operating an apartment house is not specified by the statute as hazardous. The operation of…