Ortman v. Laidlaw Transit

In this workers’ compensation case, claimant seeks review of an order of the Workers’ Compensation Board holding that her injury was excluded from compensability under ORS 656.005(7)(b)(C), which bars compensation for injuries caused, in major part, by the worker’s consumption of alcohol. We review the Board’s order for substantial evidence and errors of law, ORS 183.482(7) and (8), and affirm.

The facts are undisputed. In August 1997, claimant was on summer lay-off as a school bus driver for employer. On the date of the injury, claimant had lunch with some friends during which time she drank…