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BUNDY v. NUSTAR GP, LLC

(CC 110810280) (SC S069448).

533 P.3d 21 (2023)

371 Or. 220

Danny BUNDY, Petitioner on Review, v. NUSTAR GP, LLC, Respondent on Review, and Shore Terminals LLC, Defendant.

Supreme Court of Oregon.

July 7, 2023.

Attorney(s) appearing for the Case

John Burgess , Law Offices of Daniel Snyder, Portland, argued the cause for petitioner on review. Carl Post filed the brief for petitioner on review.

Daniel R. Bentson , Bullivant Houser Bailey PC, Seattle, argued the cause and filed the brief for respondent on review.

James S. Coon , Thomas, Coon, Newton & Frost, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Before Flynn, Chief Justice, and Duncan, Garrett, and DeHoog, Justices, and Balmer and Walters, Senior Judges, Justices pro tempore.

This case considers whether the legislature intended to create an exception to ORS 656.018, the so-called "exclusive remedy" provision of the Workers' Compensation Law, for injured workers whose claims have been deemed noncompensable on "major contributing cause" grounds.1 Plaintiff, who brought the negligence...

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