Civil negligence action for claim denied on basis of failure to meet major contributing cause standard
- statute of limitations
Mentioned in
Ore. Supreme Ct. Refuses to Expand Exception to Exclusive Remedy
“…the Supreme Court said the legislative history shows that state lawmakers did not intend to expand the rights of workers to pursue compensation for their injuries.”
Bibliographic info
Source:
Section 656.019 — Civil negligence action for claim denied on basis of failure to meet major contributing cause standard; statute of limitations, https://www.oregonlegislature.gov/bills_laws/ors/ors656.html.
Notes of Decisions
Plaintiff with preexisting condition, who suffered injury at work and did not fail to establish that work incident was major contributing cause of disability and need for treatment, could not bring civil negligence action against employer under this section that provides cause of action when no other remedy is available because plaintiff was entitled to bring claim against employer under Article I, section 10, Oregon Constitution. Alcutt v. Adams Family Food Services, Inc., 258 Or App 767, 311 P3d 959 (2013), Sup Ct review denied
Approval of worker’s initial claim for compensation did not preclude civil negligence action after denial of additional claims based on different medical conditions resulting from same work-related incident. Bundy v. NuStar GP, LLC, 362 Or 282, 407 P3d 801 (2017)
Despite the conflict between limitation periods in ORS 30.275 and this section, longer limitation period in this section takes precedence over shorter two-year period in ORS 30.275 because this section is more specific and more recently enacted. Preble v. Centennial School Dist. No. 287, 298 Or App 357, 447 P3d 42 (2019)
This section provides procedural limitation governing timing for worker to bring negligence action against employer, rather than substantive exception to exclusive remedy provision in ORS 656.018. Bundy v. Nustar GP LLC, 317 Or App 193, __ P3d __ (2022)
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