Loophole in Exclusive Remedy Protections Fixed

rebecca watkinsThe Oregon legislature passed SB 678, amending ORS 656.018 to include limited liability partners, partners, general partners, limited partners, and limited liaibility company members to the list of persons entitled to immunity for providing workers’ compensation coverage to employees. This legislation arose in response to a decision by the Oregon Court of Appeals last year that a member of a LLC did not have statutory immunity because the statute did not expressly include them in the list of persons entitled to immunity. The decision in Cortez v Nacco Materials Handling Group, Inc. highlighted several categories of persons with exposure to civil suit for work-related injuries. In response, the legislature moved quickly to amend the statute to include such persons in the list outlined in ORS 656.018. The amendment was effective on passage on June 24, 2013.

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