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An employee who suffered a knee injury when he jumped to touch a basketball backboard after playing basketball with a co-worker in the employer’s courtyard during a break was not entitled to workers’ compensation. Although the employee contended that he leaped out of happiness, in part for his own good, and in part because he was pleased with his good day at work, the court held that he was playing basketball for his own pleasure and that the injury was a result of the recreational activity and therefore excluded from compensation under Or. Rev. Stat. § 656.005(7)(b)(B). An Administrative Law Judge’s conclusion that the recreational-activity exclusion did not apply because the employee “had a work-related purpose in jumping to express his happiness and excitement about his work,” was overturned.
Lexis Subscribers can find the opinion at: Greenblatt v. Symantec Corp. (In re Greenblatt), 287 Ore. App. 506 (Or. Ct. App. Aug. 30, 2017)
Lexis Advance subscribers can find the opinion at: Greenblatt v. Symantec Corp. (In re Greenblatt), 287 Ore. App. 506, 403 P.3d 439, 2017 Ore. App. LEXIS 1030
Author: Susan S. Bentley, Lexis-Nexis Case Law Editor
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