Atwood v. State Accident Insurance Fund

Woody v. Waibel, 24 Or App 341, 545 P2d 889 (1976), was an action at law for damages for physical injuries in which the defendant claimed the plaintiff’s exclusive remedy was under the Workmen’s Compensation Law. I joined in holding that the plaintiff in Woody was an independent contractor based solely on my understanding that as that action at law came to us from circuit court the issue was a question of fact that we could only review for substantial evidence. 24 Or App at 348 (Schwab, C.J., specially concurring).

By contrast, in this case claimant seeks a remedy under the Workmen’s…