Trabosh v. Washington County

Plaintiff, the personal representative of the estate of Charlene Jensen (Jensen), appeals from the trial court’s grant of judgment for defendant in this wrongful death action. The issue is whether, at the time of her death, Jensen was a subject worker 1 under the Workers’ Compensation Act. If she was a subject worker, defendant, a public body, is immune from liability. ORS 30.265(3)(a). The trial court held that Jensen was a subject worker. We reverse.

Jensen and Robert Jensen (Robert), her husband, operated Baseline Belgians, a business that showed horses at fairs and provided hayrides to…