| Author | Subject: The Oregon Legislature made "null" an earlier ruling similar to Smothers |
| Del | Posted At 18:01:29 05/10/2001
Max's posting earlier today at http://injuredworker.org/forums/injuredworker/posts/1835.html does a good job of describing this decision in layperson's terms. What is disturbing in that posting is the statement by Sen. Derfler. He stated, "The court is legislating again." Quite the opposite is true. The Oregon Supreme Court ruling in Errand v. Cascade Steel Rolling Mills Inc. (1995) determined that the exclusivity provision of ORS 656.018 did not provide employers with immunity from the plaintiff's civil claims which involved employer negligence because the plaintiff did not have a compensable injury as determined by the Oregon's Workers' Compensation System. SOUND FAMILIAR Very shortly afterward, Senator Derfler and former Representative Kevin Mannix sponsored 1995's Senate Bill 369 which essentually make null that important ruling. This latest ruling implies SB 369 was enacted illegally. SB 369 itself used "slight-of-hand" trickery to achieve its purpose which was to deny Oregon workers their constitution right to "have remedy by due course of law for injury done him in his person, property, or reputation" as it turned out for 6 additional years. Read about this 1995 Oregon Supreme Court decision at http://www.kevinmannix.com/OR_Workers_Comp.htm. It is obvious from Senator Derfler's statement that the Smother's case could suffer a similar fate and this is why workers, injured or otherwise, must "aggressively" campaign to protect the constitutional rights of all Oregon workers. Contact your state senator and your house representative. Repeatedly and regularly send contact and send letters to newspapers, radio stations, and the television stations. If we do nothing and allow a few legislators to circumvent our judicial system and Constitution with blatant illegal acts then we also are to blame when the lives of our family and those of friends are destroyed. GET INVOLVED AND HELP STOP THE SUFFERING. |
| Del |
The following was sent by fax to Senator Derfler (Currently 0 replies)
Posted At 19:03:53 05/10/2001 Senator Derfler, I take great offense to your statement “The court is legislating again." Under the mandate of the remedy clause of Article I, Section 10 of the Oregon Constitution, the legislature may not deprive a person of a remedy for an injury to person, property, or reputation that was recognized at common law, unless the legislature makes available an equivalent remedy. As you know, SB 369, which you co-sponsored along with Kevin Mannix, was enacted soon after an Oregon Supreme Court ruling in Errand v. Cascade Steel Rolling Mills. Inc., 320 Or 309, 888 P2d 544 (1995). The Court held that the exclusivity provision of ORS 656.018 did not provide employers with immunity from the plaintiff's civil claims which involved employer negligence because the plaintiff did not have a compensable injury as determined by the Oregon's Workers' Compensation System. SB 369 simply made “null” this ruling and your actions betrayed your oath to “honor and uphold our Constitution.” Due to the "exclusive remedy" provisions of the workers' compensation system, Oregon workers are denied their constitutional rights, except in rare instances, to receive fair compensation in front of a jury of their peers. In cases that reach the workers' compensation board, they are not allowed to testify on their behalf. Injured workers are solely "judged" by political appointees, many of whom previously worked for insurance companies. In addition, Section 20 “Equality of privileges and immunities of citizens” states that “No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all citizens.” Senator, when will you start to honor your “moral” obligations to mankind and honor our Constitution. It is you that is acting like judge and jury and in the process destroying the lives of tens of thousands of Oregonians. |
| Marty |
Re: The Oregon Legislature made (Currently 0 replies)
Posted At 02:51:46 05/11/2001 Here we have the most significant ruling in several years and the Oregonian ignores it. Makes you wonder if their definition of freedom of the press is to protect their advertising dollars at all costs. |
| NoLegalRights |
Re: The Oregon Legislature made (Currently 0 replies)
Posted At 17:38:00 05/11/2001 The Oregonian did run something today on the front page. I went and read the new court decision so its obvious they sugarcoated the desision. For christ sakes, the mans employer deliberately poisened its workers and then the comp system told him to take a flying *uck. |
| Bill |
Re: The Oregon Legislature made (Currently 0 replies)
Posted At 10:40:43 05/12/2001 Is it true that many of the ALJ's left jobs working for workers compensation insurers? Isn't DCBS headed by another? Anyone know how many went back after damage was done with huge pay increases? Makes you think why all of this has hapened!!!!!!!!!! |
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