Krushwitz v. McDonald's Restaurants of Oregon, Inc.

In this action for wrongful death, we decide two issues: (1) whether an employee who was killed in an automobile accident while driving home from work suffered a “compensable injury” as that term is defined by the Workers’ Compensation Law; and (2) whether the exclusivity provisions contained in the Workers’ Compensation Law preclude plaintiff’s wrongful death action. We answer both questions in the negative.

Because the circuit court dismissed this action pursuant to ORCP 21, for the purposes of appellate review, we accept all well-pleaded allegations contained in plaintiff’s complaint and…