OR Court Rules If Choose Comp, Then No Civil

An Oregon Appellate Court has ruled that where a worker injured on the job could pursue either a work comp claim, or a civil action, and chose initially to pursue work comp benefits, that he was estopped from later pursuing a civil remedy.In Day vs. Advanced M&D Sales, Inc. (0005-04933; A112790, 10/16/02), Day, an independent floor installation contractor who carried his own workers' compensation insurance coverage, also worked for defendant as a salesman and was paid on commission. During the times he worked for defendant in his salesperson capacity, he was covered by defendant's workers' com...