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KISTNER v. BLT ENTERPRISES, INC.

L82-01877, CA A32357.

700 P.2d 1047 (1985)

74 Or.App. 131

Francis I. KISTNER, Appellant, v. BLT ENTERPRISES, INC., a Corporation, Terry L. Farnham and Lloyd Thompson, Dba Wendy's Old Fashioned Hamburgers and Malcolm Vuksich, Respondents.

Court of Appeals of Oregon.

Decided June 5, 1985.

Attorney(s) appearing for the Case

Claud Ingram, Eugene, argued the cause for appellant. With him on the brief were Bick and Monte, P.C., Eugene.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

NEWMAN, Judge.

Plaintiff appeals a judgment for defendants in this action for personal injuries. The court first tried defendants' affirmative defense that plaintiff's exclusive remedy was under the Workers' Compensation Law. See ORS 656.018. It held, and defendants assign that holding as error, that plaintiff was an employe of defendants1 and not an independent contractor, because defendants had the right to direct and control...

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