In the Matter of the Compensation of Christopher M. Massari, Claimant.
Christopher M. MASSARI, Respondent. SAIF CORPORATION; and Bend Memorial Clinic, PC, Petitioners,
and submitted April 5, 2017
Workers' Compensation Board 1500155
Cupani argued the cause and fled the briefs for petitioners.
J. Harri argued the cause for respondent. With him on the
brief was Glen J. Lasken.
Lagesen, Presiding Judge, and Egan, Chief Judge, and Linder,
and employer seek review of an order of the Workers'
Compensation Board holding that an injury claimant sustained
in the parking lot of a hospital on his way to work as a
hospitalist was compensable. Claimant had not yet worked but,
because, at the time of the injury, claimant's shift had
already begun, claimant was required to be available within
15 minutes of receiving a message on his pager. Petitioners
argue that the board erred in concluding that the injury
occurred in course and scope of claimant's employment.
Held: The board's findings that, at the time of
his injury, claimant was in a regular period of employment
and was subject to employer's direction and control were
supported by substantial evidence, and the board therefore
did not err in determining that claimant's injury was
Or.App. 350]EGAN, C. J.
was employed as a hospitalist physician by Bend Memorial
Clinic, PC. Claimant's primary work site was St. Charles
Hospital, and he was injured when he slipped and fell on ice
in the hospital parking lot while on his way to work.
Employer and SAIF seek judicial review of an order of the
Workers' Compensation Board upholding the compensability
of claimant's injury. We review the board's order for
substantial evidence and errors of law, ORS 656.298(7); ORS
183.482, conclude that the board did not err, and affirm.
our summary of the facts from the board's order. Employer
Bend Memorial Clinic contracted to provide medical services
to St. Charles Hospital, and employed claimant to work at St.
Charles Hospital as a hospitalist. Claimant's job
required him to make rounds at the hospital, complete charts,
and, when he was not at the hospital during his shift, to be
available on short notice via pager. Claimant does not have
an office at the hospital or at Bend Memorial Clinic but he
has an office in his home, where he works when he is not
required to be at the hospital, answering calls and
responding to pages from nurses regarding patient care.
Employer provides claimant with a computer and access to
medical records and research tools for his use in his home
to claimant's testimony, on the day of his injury,
claimant's shift began at 7:00 a.m. He turned on his
pager while still at home at 7:00 a.m. and left for the
hospital at 7:15 a.m. He slipped on ice and fell in the
hospital parking, fracturing his right leg.
sought workers' compensation benefits, and SAIF denied
the claim, asserting that the injury did not arise out of and
within the course and scope of employment. See ORS
656.005(7)(a) ("A compensable injury is an accidental
injury * * * arising out of and in the course of
requested a hearing. An administrative law judge (ALJ)
overturned SAIF's denial, and the board affirmed the
ALJ's order. Before the board, SAIF did not [291 Or.App.
351] dispute that claimant's injury arose out of his
employment, but contended that compensability was precluded
by the "going and coming" rule, because, at the
time of his injury, claimant was going to work and therefore
was not in the course of his employment. See Krushwitz v.
McDonald's Restaurants,323 Or. 520, 526, 919 P.2d
465 (1996) ("The general rule in Oregon-the 'going
and coming rule'-is that injuries ...