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DAY v. ADVANCED M & D SALES, INC.

(CC 0005-04933; CA A112790; SC S49988).

86 P.3d 678 (2004)

336 Or. 511

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

Supreme Court of Oregon, En Banc.

Decided March 25, 2004.

Attorney(s) appearing for the Case

On review from the Court of Appeals.*

Robert A. Miller, Eugene, argued the cause and filed the brief for petitioner on review.

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

RIGGS, J.

This case requires us to decide whether plaintiff is estopped from filing a complaint alleging common-law negligence and violations of the Employer Liability Law, ORS 654.305 to 654.335 (1999), after he applied for and received workers' compensation benefits. On defendant's motion for summary judgment, the trial court concluded that equitable and judicial estoppel prohibited plaintiff from denying that he was a covered worker under defendant's workers' compensation...

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