Rogers v. Valley Bronze of Oregon, Inc.

This case is before us on remand from the Supreme Court for consideration in light of Smothers v. Gresham Transfer, Inc., 332 Or 83, 23 P3d 333 (2001). Rogers v. Valley Bronze of Oregon, Inc., 332 Or 317, 28 P3d 1173 (2001). We’ previously affirmed without opinion the trial court’s dismissal of plaintiffs action on the ground that plaintiffs claim was barred by the exclusivity provisions of the workers’ compensation law. Rogers v. Valley Bronze of Oregon, Inc., 157 Or App 191, 972 P2d 1229 (1998). Given the Supreme Court’s holding in Smothers, we conclude on remand that the trial court erred…