SUMMARY
This chapter addresses a worker’s claims for damages against a third person for injuries that arise out of and in the course of a worker’s employment, and includes actions against noncomplying employers and actions based on common-law or statutory negligence. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 28
THIRD-PARTY ACTIONS AND CIVIL ACTIONS AGAINST EMPLOYERS
Jovanna L. Patrick
§ 28.1 INTRODUCTION
§ 28.2 THIRD-PARTY ACTIONS
§ 28.3 DIRECT ACTIONS AGAINST EMPLOYERS AND INSURERS
§ 28.3-1 Noncomplying Employer
§ 28.3-2 Dangerous-Equipment Exemption
§ 28.3-3 Employer’s Willful Aggression or Deliberate Intention
§ 28.3-4 Other Potential Claims
§ 28.4 EXCLUSIVE-REMEDY IMMUNITY GRANTED TO EMPLOYER UNDER ORS 656.018
§ 28.4-1 Generally
§ 28.4-2 Remedy Clause Cases
§ 28.4-3 Course and Scope of Employment
§ 28.5 THIRD-PARTY IMMUNITY UNDER THE OREGON TORT CLAIMS ACT
§ 28.6 WORKER’S ELECTION TO SUE THIRD PARTY OR TO ASSIGN CLAIM
§ 28.6-1 Generally
§ 28.6-2 Notice of Action and Trial Practice
§ 28.7 DIVISION OF PROCEEDS
§ 28.7-1 Claim Prosecuted by Worker; Distribution of Proceeds of Judgment under ORS 656.593(1)
§ 28.7-2 Claim Assigned to Paying Agency; Proceeds of Judgment under ORS 656.591(2)
§ 28.7-3 Proceeds of Settlement
§ 28.7-3(a) Approval of Paying Agency or Workers’ Compensation Board
§ 28.7-3(b) Just and Proper Distribution
§ 28.7-4 Disputes in the Division of Proceeds
§ 28.8 CONFLICT OF INTEREST
§ 28.9 INDEMNITY ACTIONS ARISING OUT OF THIRD-PARTY ACTIONS