William Arvidson v. Dillingham Corporation, a Corporation Doing Business Under the Assumed Business Name of Albina Engine & MacHine Works

This is an appeal from a summary judgment in favor of defendant-appellee in four separate actions (consolidated for trial) commenced by plaintiffs-appellants, who were painters employed by appellee, for personal injuries suffered in an explosion and fire on a barge which was being constructed by appellee for its own use. Appellee voluntarily commenced the payment of benefits under the Oregon Workmen’s Compensation Law, Oregon Revised Statutes 656.-001 et seq., and the payments were accepted by appellants.

In their complaints appellants alleged both negligence and unseaworthiness. They later conceded that they could not recover for unseaworthiness because the vessel was not in navigation when they sustained their injuries. They contend that they have a direct cause of action against their employer for negligence in failing to furnish them a safe place to work. Appellee contends, and the district court held, that because appellants have been compensated under the Oregon Workmen’s Compensation Law they are barred from further recovery by the Longshoremen’s and Harbor Workers’ Compensation Act. In granting summary judgment the district court concluded:

We agree and…