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DAY v. ADVANCED M&D SALES, INC.

0005-04933; A112790.

56 P.3d 454 (2002)

184 Or.App. 260

David R. DAY, Appellant, v. ADVANCED M&D SALES, INC., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided October 16, 2002.

Attorney(s) appearing for the Case

Robert A. Miller argued the cause for appellant. With him on the briefs was Law Office of Robert A. Miller.

Lisa E. Lear, Portland, argued the cause for respondent. With her on the brief were David R. Rocker, Ronald J. Clark, and Bullivant Houser Bailey, PC.

Before EDMONDS, Presiding Judge, and ARMSTRONG, Judge, and WARREN, Senior Judge.

EDMONDS, P.J.

Plaintiff appeals from a summary judgment in favor of defendant, ORCP 47, on his claims for negligence and violations of the Employer Liability Law. ORS 654.305-654.335. Defendant moved for summary judgment on the ground that plaintiff's claims are barred by the "exclusive remedy" provision of the Workers' Compensation Law, ORS 656.018. The trial court held that plaintiff is judicially and equitably estopped from denying that he is a covered worker under...

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