Cortez v. Nacco Materials Handling Group, Inc.

Plaintiff appeals from a limited judgment dismissing with prejudice all of his claims against defendant Swanson Group, Inc. The trial court granted defendant’s motion for summary judgment on the ground that defendant is exempt from liability under the exclusive remedy provision, ORS 656.018, of the workers’ compensation law. According to plaintiff, the exclusive remedy provision does not shield defendant, because defendant was not his employer and instead was merely a “member” of the limited liability company (LLC) that employed plaintiff. For the reasons explained below, we affirm in part,…