Opinion
88-3-241; CA A50858
Argued and submitted February 12, 1990
Affirmed April 4, 1990
Appeal from Circuit Court, Clackamas County.
Charles A. Sams, Judge.
Richard S. Mannis, Portland, argued the cause for appellant. On the brief was Susan M. Muzik, Portland.
Janet M. Schroer, Portland, argued the cause for respondents. On the brief were Richard J. Kuhn, Schwabe, Williamson Wyatt and Ridgway K. Foley, Jr., P.C., Portland.
Before Richardson, Presiding Judge, and Newman and Deits, Judges.
PER CURIAM
Affirmed.
Plaintiff was injured in a collision between her vehicle, which she was driving in the course of her employment, and one that defendant Romig was driving in the course of her employment for defendant City of Lake Oswego. The trial court granted defendants' motion for summary judgment on the ground that plaintiff's injury was covered by the Workers' Compensation Law and that defendants are therefore immune from liability under ORS 30.265 (3)(a). Plaintiff appeals and contends that the statute violates Article I, section 20, of the Oregon Constitution, and the Equal Protection Clause and the Commerce Clause and the right to travel under the United States Constitution.
We rejected arguments analogous or identical to plaintiff's Article I, section 20, and equal protection contentions in Jungen v. State of Oregon, 94 Or. App. 101, 764 P.2d 938 (1988), rev den 307 Or. 658 (1989). Her Commerce Clause and right to travel arguments fail, inter alia, because nothing in the record or in her arguments, other than her theoretical conjectures, supports her understanding that the statute has had or can have any effect on or relationship to interstate commerce or travel.
Affirmed.