Re: Oregon Supreme court & Exclusive Remedy

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Posted by Tom L on November 10, 1999 at 23:00:39:

In Reply to: Oregon Supreme court & Exclusive Remedy posted by Frank on November 10, 1999 at 15:09:08:

Hi Frank

Good Question! It could take up to five years for the Supreme Court to decide in this case but given the amount of money that is at stake
that won't happen. It has taken Mr Smothers almost 5 years for his case to get to the Supreme court because he has refused to accept the Injustice
inflicted on him by this so called no-fault system, although I am sorry that this man was Injured on the job he has my respect because he was been dealt
an Injustice from this system and he has been determined not give up but fight for his rights and if he wins this case it will have an Impact on all
of the people that have been denied the right to recieve Workmans Compensation, I wish that I could contact this man because I would like to commend him
and offer my support to him and his family.

Alot of Injured Workers who contribute to this forum and have helped bring the Injustices to light about workmans comp have been waiting for a long time for
a decision on this case but I am skeptical maybe cautious if the ruling goes to Mr Smothers. Here's why!

Since I heard that Mr Kitzhaber said the reforms have cost many Injured Workers their benefits and with the airing of Mr Smothers case I started thinking
what about all of the people that have been denied their right to benefits in the last ten years since Exclusive Remedy became the law that Governs Workmans Comp.
It would mean that Exclusive remedy would be illegal!. If this ruling comes early next year say after the legislature returns to session it will be a priority
of the lawmakers to have something else in place of Exclusive Remedy in case of a ruling in favor of Mr Smothers. there will be no lag time between the two
the lawmakers will see to that. That is what bothers me!.

I also am wondering about the timing of the firing of the members of MLAC and then a few weeks later a revelation has overcome Governor kitzhaber by saying that the
reforms have cost workers their benefits, Could the upcoming election year make our Governor take a closer look at the landscape littered with the corpses of injured
workers who were supposed to benefit from this system, "I wonder". But one good thing came from his statement "HE SAID THE WORDS" and thats a start!

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