Thrifty Payless, Inc. v. Cole, 247 OrApp 232 (2011)

Holding:   For purposes of the workers’ comp statutes, a worker’s “regular” work includes the overtime the worker regularly worked, on a volunteer basis, before the injury.

1)   The relevant statute is so redundant that the statutory definition of the phrase regular work is to be disregarded. at p. 236, ftn 3.

2)   If no statutory definition is available, Courts give words of common usage their “plain, natural, and ordinary meaning[s].” at p. 236.

3)  Webster’s defines regular as meaning “steady or uniform in course, practice, or occurrence : not subject to unexplained or irrational variation : steadily pursued * * *.” at p. 236.

4)  Webster’s defines work as “* * * the labor, task, or duty that affords one his accustomed means of livelihood * * *.” at p. 236.

5)  Webster’s defines job as “* * * a regular remunerative employment : POSITION, SITUATION * * * a specific duty, role, or function : work customarily performed * * *.” at p. 236.

6)   “All of these definitions indicate that a worker’s ‘regular work’ consist of the paid labor, task, duty, role, or function that the worker performs for an employer on a recurring or customary basis.” at p. 237.

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