requires more than just a heated exchange of words. There must either be a physical altercation initiated by the claimant — see, e.g., Kessen, 71 Or App 545 (claimant grabbed coworker’s sore arm); Donald Converse, 50 Van Natta 1830 (1998) (claimant yelled and swore at assailant and hit his safety glasses out of his hands provoking assailant to assault the claimant) — or, if a claimant initiates a verbal altercation, it must incite or invite a physical response. See, e.g., Irvington Transfer v. Jasenosky, 116 Or App 635, 640, 842 P2d 454 (1992) (the claimant held not to be an active participant because he “did not have an opportunity to withdraw from the situation and he did not voluntarily assume an active or aggressive role in the altercation.” (emphasis added)); Lang, 326 Or at 42 (<HOLDING>). Here, although claimant was very upset when
holding claimant suffered permanent total disability where functional disability was only twentyfive or thirty percent claimant was fiftynine years of age claimant had little or no education and the injury kept the claimant from performing physical work holding that the burden of proof is on the claimant holding that claimant was not an active participant despite the fact that he angered assailant by making derogatory racial remarks to him because ors 6560057ba requires more than that a claimant anger an assailant in such a way that the assailant later assaults the claimant holding that the delivery of an eeoc decision to the former attorney of a claimant did not constitute notice to the claimant holding that claimant moving for summary judgment on its claim must conclusively prove all the essential elements of the claim and that claimant has the burden to show that there are no genuine issues of material fact and that claimant is entitled to judgment as a matter of law