|Author||Subject: Exclusive Remedy - No Right of Action Against Employer in Death Case|
|Jack C|| Posted At 19:52:30 06/15/2001
Exclusive Remedy is Workers Comp Laws No Right of Action Directly Against Employer in Death Case:
The estate of a women who was killed at work by her former boyfriend, a co-worker who then killed himself, has no right to directly sue the employer for wrongful death. A workers compensation claim is the exclusive remedy available, the Oregon Court of Appeals held in the case of: Panpat v.Owens- Brockway Glass Container, et al, case #A104501,decided on February 14, 2001.
Here are the facts: Employer moved for summary judgment on three grounds: (1) that it had no notice of the need to control Blake, the coworker/boyfriend; (2) that Blake's criminal act was not foreseeable; and (3) that the Oregon workers' compensation system provides the exclusive remedy for plaintiff's claim. The trial court granted employer's summary judgment motion because "plaintiff ha[d] failed to present a genuine issue for trial concerning [employer's] knowledge of the need to control Chris Blake." The trial court entered judgment in employer's favor.
After looking at all competing issues, the Court of Appeals affirmed the trial court, holding the the exclusive remedy was in fact workers comp, as a matter of law.
See entire case opinion, Click http://www.publications.ojd.state.or.us/A104501.htm
I got this from http://www.orlj.com/archives/mar2001.htm#march01.index.5
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