According to the American Insurance Association (AIA), the decision handed down by the Oregon State Supreme Court in Smothers v. Gresham Transfer, Inc. will undermine the exclusive remedy clause, a cornerstone of the workers’ compensation system.
The AIA warns that this ruling will make employers susceptible to onerous tort claims for work-related injuries the Oregon Legislature has determined are not compensable.
The Oregon Supreme Court ruled that the exclusive remedy provisions of the Oregon Workers’ Compensation Act violate the remedy clause of Article I, Section 10 of the Oregon State Constitution, which states that all residents of the State of Oregon shall have access to the Courts to redress any injury.
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