Fisher v. Rudie Wilhelm Warehouse Co.

The defendant, Wilhelm, appeals from the circuit court’s failure to invoke the “joint supervision and control” exclusion which limits certain employees covered by the Workmen’s Compensation Act, ORS ch 656, to their benefits under the Act and deprives them of the right in certain cases to bring an action against a negligent third party who is also covered by the Act.

The circuit court ruled in a preliminary proceeding that Fisher, the plaintiff, was not barred by ORS 656.154 from seeking damages for injuries sustained December 2, 1954. The sole question is whether the judge who ruled initially…