Bill Text: OR HB2923 | 2013 | Regular Session | Engrossed

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Bill Title: Relating to exclusive remedy protections of workers' compensation statutes; declaring an emergency.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2923 Detail]

Download: Oregon-2013-HB2923-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2926

                           A-Engrossed

                         House Bill 2923
                  Ordered by the House April 24
            Including House Amendments dated April 24

Sponsored by Representative HANNA; Representatives CAMERON, CLEM,
  FREEMAN, MCLANE

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Extends exclusive remedy protections of workers' compensation
statutes to partners, limited liability company partners, general
partners, limited liability partners, and limited partners.
 { +  Creates exception. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to exclusive remedy protections of workers' compensation
  statutes; creating new provisions; amending ORS 656.018; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 656.018 is amended to read:
  656.018. (1)(a) The liability of every employer who satisfies
the duty required by ORS 656.017 (1) is exclusive and in place of
all other liability arising out of injuries, diseases, symptom
complexes or similar conditions arising out of and in the course
of employment that are sustained by subject workers, the workers'
beneficiaries and anyone otherwise entitled to recover damages
from the employer on account of such conditions or claims
resulting therefrom, specifically including claims for
contribution or indemnity asserted by third persons from whom
damages are sought on account of such conditions, except as
specifically provided otherwise in this chapter.
  (b) This subsection shall not apply to claims for indemnity or
contribution asserted by a railroad, as defined in ORS 824.020,
or by a corporation, individual or association of individuals
which is subject to regulation pursuant to ORS chapter 757 or
759.
  (c) Except as provided in paragraph (b) of this subsection, all
agreements or warranties contrary to the provisions of paragraph
(a) of this subsection entered into after July 19, 1977, are
void.
  (2) The rights given to a subject worker and the beneficiaries
of the subject worker under this chapter for injuries, diseases,
symptom complexes or similar conditions arising out of and in the
course of employment are in lieu of any remedies they might
otherwise have for such injuries, diseases, symptom complexes or
similar conditions against the worker's employer under ORS
654.305 to 654.336 or other laws, common law or statute, except
to the extent the worker is expressly given the right under this
chapter to bring suit against the employer of the worker for an
injury, disease, symptom complex or similar condition.
  (3) The exemption from liability given an employer under this
section is also extended to the employer's insurer, the
self-insured employer's claims administrator, the Department of
Consumer and Business Services, and  { + to + } the contracted
agents, employees,  { + partners, limited liability company
members, general partners, limited liability partners, limited
partners, + } officers and directors of the employer, the
employer's insurer, the self-insured employer's claims
administrator and the department, except that the exemption from
liability shall not apply:
    { - (a) Where the injury, disease, symptom complex or similar
condition is proximately caused by willful and unprovoked
aggression by the person otherwise exempt under this
subsection; - }
   { +  (a) If the willful and unprovoked aggression by a person
otherwise exempt under this subsection is a substantial factor in
causing the injury, disease, symptom complex or similar
condition; + }
  (b)   { - Where - }   { + If + } the worker and the person
otherwise exempt under this subsection are not engaged in the
furtherance of a common enterprise or the accomplishment of the
same or related objectives;   { - or - }
    { - (c) Where the injury, disease, symptom complex or similar
condition is proximately caused by failure of the employer to
comply with the notice posted pursuant to ORS 654.082. - }
   { +  (c) If the failure of the employer to comply with a
notice posted pursuant to ORS 654.082 is a substantial factor in
causing the injury, disease, symptom complex or similar
condition; or
  (d) If the negligence of a person otherwise exempt under this
subsection is a substantial factor in causing the injury,
disease, symptom complex or similar condition and the negligence
occurs outside of the capacity that qualifies the person for
exemption under this section. + }
  (4) The exemption from liability given an employer under this
section applies to a worker leasing company and the client to
whom workers are provided when the worker leasing company and the
client comply with ORS 656.850 (3).
  (5)(a) The exemption from liability given an employer under
this section applies to a temporary service provider, as that
term is used in ORS 656.850, and also extends to the client to
whom workers are provided when the temporary service provider
complies with ORS 656.017.
  (b) The exemption from liability given a client under paragraph
(a) of this subsection is also extended to the client's insurer,
the self-insured client's claims administrator, the department,
and the contracted agents, employees, officers and directors of
the client, the client's insurer, the self-insured client's
claims administrator and the department, except that the
exemption from liability shall not apply:
    { - (A) When the injury, disease, symptom complex or similar
condition is proximately caused by willful and unprovoked
aggression by the person otherwise exempt under this
subsection; - }
   { +  (A) If the willful and unprovoked aggression by a person
otherwise exempt under this subsection is a substantial factor in
causing the injury, disease, symptom complex or similar
condition; + }
  (B)   { - When - }   { + If + } the worker and the person
otherwise exempt under this subsection are not engaged in the

furtherance of a common enterprise or the accomplishment of the
same or related objectives;   { - or - }
    { - (C) When the injury, disease, symptom complex or similar
condition is proximately caused by failure of the client to
comply with the notice posted pursuant to ORS 654.082. - }
   { +  (C) If the failure of the client to comply with a notice
posted pursuant to ORS 654.082 is a substantial factor in causing
the injury, disease, symptom complex or similar condition; or
  (D) If the negligence of a person otherwise exempt under this
subsection is a substantial factor in causing the injury,
disease, symptom complex or similar condition and the negligence
occurs outside of the capacity that qualifies the person for
exemption under this subsection. + }
  (6) Nothing in this chapter shall prohibit payment, voluntarily
or otherwise, to injured workers or their beneficiaries in excess
of the compensation required to be paid under this chapter.
  (7) The exclusive remedy provisions and limitation on liability
provisions of this chapter apply to all injuries and to diseases,
symptom complexes or similar conditions of subject workers
arising out of and in the course of employment whether or not
they are determined to be compensable under this chapter.
  SECTION 2.  { + The amendments to ORS 656.018 by section 1 of
this 2013 Act apply to all claims or causes of action arising on
or after the effective date of this 2013 Act. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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