Lockard v. Murphy Co.

This is a personal injury action. The issue before this court is whether, under the terms of the Workers’ Compensation Law, the plaintiff is an employe of defendant and thus barred from maintaining this action, ORS 656.018, 1 or whether he is an independent contractor. Alternatively to his contention that he is an independent contractor, plaintiff contends that he is a sole proprietor and thus excluded from coverage under the act, ORS 656.027(7). 2 The trial court, on cross-motions for summary judgment, found that the plaintiff was an employe and entered summary judgment for the defendant. We…