Opinion
84-07461; CA A36790
Argued and submitted March 12, 1986.
Affirmed May 14, 1986.
Judicial Review from Workers' Compensation Board.
William H. Schultz, Portland, argued the cause for petitioner. With him on the brief was Pozzi, Wilson, Atchison, O'Leary Conboy, Portland.
Yvonne P. Meekcoms, Portland, argued the cause for respondents. With her on the brief were Bruce L. Byerly and Moscato Byerly, Portland.
Before Richardson, Presiding Judge, and Warren and Deits, Judges.
PER CURIAM
Affirmed.
The issue in this workers' compensation case is whether claimant's injury is compensable. He injured himself while playing softball on a team sponsored by his employer. The referee concluded that the injury was compensable; the Board reversed. Applying the analysis we used in Rose v. Argonaut Ins. Co., 77 Or. App. 167, 711 P.2d 218 (1985), and Richmond v. SAIF, 58 Or. App. 354, 648 P.2d 370, rev den 293 Or. 634 (1982), to the facts here, we conclude, on de novo review, that his injury did not arise "out of and in the course of employment." ORS 656.005(8)(a). It is therefore not compensable.
Affirmed.