Opinion
No. 76-3384, CA 9287
Argued January 24, affirmed February 7, 1978
Judicial Review from Workers' Compensation Board.
Lawrence I. Evans, Portland, argued the cause for petitioner. With him on the brief were Ernest W. Kissling and Kissling Keys, P.C., Portland.
William H. Stockton, Associate Counsel, Portland, argued the cause for respondent. With him on the brief were K. R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, Portland.
Before Schwab, Chief Judge, and Tanzer and Buttler, Judges.
PER CURIAM.
Affirmed.
Claimant, an assistant manager of an apartment complex, injured her ankle while bringing her groceries home at a time outside of her fixed duty hours and when she was on call, but not called. Both the hearing officer and the Workers' Compensation Board concluded that the injury did not arise out of and in the course of employment. See ORS 656.005(8)(a). We agree for the reasons we have previously stated in Allen v. SAIF, 29 Or. App. 631, 564 P.2d 1086 rev den (1977), and Walker v. SAIF, 28 Or. App. 127, 558 P.2d 1270 (1977).
Affirmed.