Brehm v. Caterpillar

Plaintiffs, John Brehm (Brehm) and his wife, Mishel Brehm, appeal a limited judgment dismissing with prejudice their negligence, Oregon Employer Liability Law, and loss of consortium claims against defendant Copeland Sand & Gravel, Inc. They assign error to the trial courts granting of defendants motion for summary judgment on the ground that plaintiffs claims were barred by the exclusive liability provision of the workers compensation law. See ORS 656.018(1)(a). According to plaintiffs, there are genuine issues of material fact that preclude summary judgment. In addition, they contend that, as a matter of law, Brehm was not defendants subject worker for purposes of workers compensation and, therefore, ORS 656.018 does not bar their claims. We reverse and remand.