Last week, the Oregon Legislature convened for the last time before the 2013 session kicks off in January. Both House and Senate committees began introducing committee bills on a wide range of policy issues that will be considered during the 2013 session. One of AGC’s priorities during this upcoming session will be to pass a bill to restore “exclusive remedy” workers’ comp protections for members of LLCs. Legislative Concept 176 relating to exclusive remedy protections of workers’ compensation statutes was introduced last Tuesday in the House Business and Labor Committee. The bill’s purpose is to respond to the Court of Appeals’ decision relating to Cortez. Because of the Court’s ruling in March 2012, LLC owners and members are not protected from liability under the current statute. The Court of Appeals’ decision to rule in favor of Cortez made it clear that the language needs to be very specific in ORS 656.018 as to who is afforded exclusive remedy protections as an “employer.” Due to the outcome of this case and the rise of LLCs, it is AGC’s ultimate goal during the 2013 session to identify appropriate language that will cover the spectrum of modern corporate entities. For additional information on this AGC priority or any others, please contact Government Affairs Director, John Rakowitz at (503) 317-1781.
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