Summary Judgment Granted on Workers’ Compensation Immunity Defense

Leslie Kocher-Moar of MacMillan Scholz & Marks obtained summary judgment last week in a Multnomah County Circuit Court case involving a temporary worker who was injured on the job and received workers’ compensation benefits.  Plaintiff sued the employer to whom he had been assigned by the agency.  Plaintiff argued that, for various reasons, he did not qualify as either a temporary worker or leased worker and therefore the Oregon statutes extending immunity in temporary and leased worker situations did not apply.  The Court disagreed with plaintiff and found that workers’ compensation benefits were plaintiff’s exclusive remedy and the case should be dismissed.