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Oregon Law’s Deprivation of Remedy without Counterbalance Hits State Constitution Snag
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WorkersCompensation.com
The Court of Appeals also held that the grant of immunity to bar the worker's claims against the individual state employees did not violate Oregon's constitution.
Workers' Comp 101: Under Oregon's workers' compensation law, compensation is available to a covered worker who has suffered a "compensable injury."
Noneconomic damages are not available as benefits under Oregon's workers' compensation law.
The court's problem with the removal of the common-law remedy in the Tort Claims Act was that it left would-be claimants without recourse.
TakeawayThe workers' compensation immunity provision of Oregon's Tort Claims Act exceeds the substantive limits that state's constitution imposes on the legislature's authority to modify common-law remedies.