1. (§4.3) In General

LibraryWorkers' Compensation (OSBar) (2008 Ed.)
II. BENEFITS OF EMPLOYER COMPLIANCE

A. Exclusive Remedy Against Complying Employer

1. (§4.3) In General

For a complying employer, subject workers incurring compensable injuries and their beneficiaries are limited to compensation as provided in ORS chapter 656. All common-law and other statutory remedies are barred.

Except as specifically provided in ORS chapter 656, "[t]he liability of every employer who satisfies the duty required by ORS 656.017(1) is exclusive and in place of all other liability arising out of [compensable] injuries, diseases, symptom complexes or similar conditions" to the subject workers and their beneficiaries. ORS 656.018(1)(a); Blacknall v. Westwood Corporation, 307 Or 113, 117, 764 P2d 544 (1988); see Robinson v. Omark Industries, 46 Or App 263, 269, 611 P2d 665 (1980).

The exclusive remedy provision also applies to temporary service providers as that term is defined in ORS 656.850(1)(c) ("a person who provides workers, by contract and for a fee, to a client on a temporary basis") as well as to the clients to whom the workers are provided when the temporary service provider complies with ORS 656.017 by having coverage. ORS 656.018(5)(a). The exemption from liability given to a client under ORS 656.018(5)(a) extends to the client's insurer, the self-insured client's claims administrator, the Department of Consumer and Business Services, and the contracted agents, employees, officers, and directors of the client, the client's insurer, the self-insured client's administrator, and the department. ORS 656.018(5)(b). The exemption from liability is limited by the conditions delineated in 656.018(3) and (5), which are explained in §4.4.

A complying employer is not liable for contribution or indemnity to third persons who are held...

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