Kilminster v. Day Management Corp.

I agree with the majority that the exclusivity provision of the Workers’ Compensation Act, ORS 656.018, bars plaintiffs1 first claim, which he argues is a “negligent” wrongful death claim, and that application of ORS 656.018 to that claim does not violate Article I, section 10, of the Oregon Constitution.2 The trial court did not err in dismissing that claim. I also agree that, with respect to the second claim for “deliberate” wrongful death, plaintiff alleges ultimate facts that are sufficient to meet the deliberate-intention-to-injure standard set forth in ORS 656.156(2)3 and that the trial…