Legal Opinion · Dissent

Gwin v. Liberty Northwest Ins. Corp.

Court of Appeals of Oregon

Decided January 16, 1991No. 88-03491; CA A63116Published

1DissentDe Muniz, J.

The ultimate inquiry is whether “the relationship between the injury and the employment [is] sufficient [so] that the injury should be compensablef.]” Rogers v. SAIF, 289 Or 633, 642, 616 P2d 485 (1980). In determining whether an injury is sufficiently work related, several factors are to be considered, including: (1) whether the activity was for the benefit of the employer; (2) whether the activity was contemplated by the employer and employee at the time of hiring or later; (3) whether the activity was an ordinary risk of, and incidental to, the employment; (4) whether the employee was paid…

2Cases cited4 opinions

  1. Rogers v. State Accident Insurance FundOregon Supreme Court · 1980
  2. I-L Logging Co. v. Manufacturers & Wholesalers Indemnity ExchangeOregon Supreme Court · 1954
  3. Mellis v. McEWEN, HANNA, GISVOLD, RANKIN & VAN KOTEN, EMPLOYERS, AND MISSION INS. CO.Court of Appeals of Oregon · 1985
  4. Preston v. State Accident Insurance Fund Corp.Court of Appeals of Oregon · 1987

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