Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Dahlen v. Oregon Transfer Co.
Citations: 2002 Ore. App. LEXIS 541; 180 Or. App. 599; 43 P.3d 1214Docket: 95-0402210; A90334
Court: Court of Appeals of Oregon; April 10, 2002; Oregon; State Appellate Court
Plaintiff filed a complaint against her employer, defendant, for workplace injuries, alleging a denied workers’ compensation claim as noncompensable. Defendant sought dismissal, claiming that under ORS 656.018(1), the exclusive remedy was through workers’ compensation law. The trial court dismissed the complaint. However, in Smothers v. Gresham Transfer, Inc., the Oregon Supreme Court ruled that ORS 656.018(1) does not constitutionally bar tort recovery against an employer when a workers’ compensation claim is denied due to not meeting the major contributing cause standard. Plaintiff contended that the trial court erred in dismissal, asserting, based on Smothers, that workers’ compensation is not her sole remedy. Defendant countered that Smothers applies only when a claim is denied due to causation issues, which was not alleged here. Plaintiff argued that specific allegations were unnecessary. The court agreed with plaintiff, referencing Davis v. Surcamp, which states that a complaint is sufficient if it allows for evidence introduction satisfying the claim elements. The court found the allegations in plaintiff's complaint met this standard, leading to a reversal and remand of the case.