Bundy v. NuStar GP LLC

Summary

The court held that ORS 656.019 does not create a substantive exception to the exclusive-remedy provision of ORS 656.018. Instead, ORS 656.019 establishes procedural timing and exhaustion requirements for negligence claims that the legislature believed constitutional law required it to accommodate. Because the plaintiff relied only on the statutory exception and did not pursue his constitutional argument on review, dismissal of his negligence complaint was affirmed.