Davis v. SAIF

Under SAIF v. Sumner, 313 Or App 434 (2021), injury arising from a task within a claimant’s course of employment, done for the employer’s benefit, is compensable even if done while the employee is off work.

Davis sought judicial review of the Worker’s Compensation Board’s upholding of SAIF’s denial of compensation. On judicial review, Davis argued that although he was off-duty, the on-duty manager asked him to carry out a task that was a regular part of his job, and that the fact that the activity took him off his employer’s premises and his method may have violated the employer’s policy “did not remove the activity from the course of his employment.” In response, SAIF argued the claim was barred by ORS 656.005(7)(b)(A), which precludes compensation for “injuries sustained by an active participant in an assault or combat that is not connected to a job assignment.” Under SAIF v. Sumner, 313 Or App 434 (2021), injury arising from a task within a claimant’s course of employment, done for the employer’s benefit, is compensable even if done while the employee is off work. The Court found that an employer need not direct an activity and an employee need not “be compensated for engaging in the activity” for it to be work-related. The Court further found that the compensability of the injury is not dependent on “the method of accomplishing the work task” or that the activity is confined to the employer’s premises. Reversed and remanded.