Magee v. State Accident Insurance Fund

This is an appeal from an order of the Board denying medical and disability benefits for injuries sustained in an automobile accident. The Board reversed the referee’s finding that claimant’s business and personal motivations were concurrent when the accident occurred and that, therefore, he was entitled to the protection of the Workers’ Compensation Law.

The parties agree that the applicable law is stated in Rosencrantz v. Insurance Service, 2 Or App 225, 227, 467 P2d 664 (1970):

"The question before this court *** is the same as that presented to the [referee and Board], i.e., whether…