Anderson v. State Accident Insurance Fund

FORT, J.,

specially concurring.

I concur in the majority opinion except for that portion wherein the court expressly abandons the position taken by this court in Fagaly v. State Acc. Ins. Fund, 3 Or App 270, 471 P2d 441, Sup Ct review *588denied (1970), and Svatos v. Pac. N.W. Bell Tel. Co., 4 Or App 396, 478 P2d 648 (1970), Sup Ct review denied (1971), adopting the personal risk factor doctrine enunciated by Larson① on the ground that “this is at odds with the legal causation test set forth by the Oregon Supreme Court in Coday [Coday v. Willamette Tug & Barge, 250 Or 39, 440 P2d 224 (1968)].”

In…