Day v. Advanced M & D Sales, Inc.

This case requires us to decide whether plaintiff is estopped from filing a complaint alleging common-law negligence and violations of the Employer Liability Law, ORS 654.305 to 654.335 (1999), after he applied for and received workers’ compensation benefits. On defendant’s motion for summary judgment, the trial court concluded that equitable and judicial estoppel prohibited plaintiff from denying that he was a covered worker under defendant’s workers’ compensation insurance and that the exclusive remedy provision of the Workers’ Compensation Law, ORS 656.018, barred plaintiffs claims.…