Wallace v. Green Thumb, Inc.

The issue is whether an injury sustained on the employer’s premises during personal comfort activities by a resident employee continuously on call 1 is compensable. We hold that it is and affirm the Court of Appeals. The employer’s denial of the claim was affirmed by the referee and the Workers’ Compensation Board. Claimant requested judicial review, and the Court of Appeals reversed and remanded with instructions to accept the claim. Wallace v. Green Thumb, Inc., 61 Or App 695, 658 P2d 560 (1983).

Claimant was the caretaker of a rural fire station used by a volunteer fire department. Among…