Kistner v. BLT Enterprises, Inc.

Plaintiff appeals a judgment for defendants in this action for personal injuries. The court first tried defendants’ affirmative defense that plaintiffs exclusive remedy was under the Workers’ Compensation Law. See ORS 656.018. It held, and defendants assign that holding as error, that plaintiff was an employe of defendants1 and not an independent contractor, because defendants had the right to direct and control plaintiffs services. ORS 656.005(14),(18).2 We affirm, although for different reasons.

There was evidence from which the court, as the trier of fact, could find these facts. Plaintiff…