High Court: Tort Claim Act Immunity for State Workers Unconstitutional

A divided Oregon Supreme Court held that workers' compensation benefits do not provide a constitutionally sufficient substitute remedy for purposes of a law that immunizes the state and its employees from negligence claims. The majority said two decisions interpreting the Oregon Tort Claims Act stand for the proposition that the constitutional remedy clause grants a substantive right to remedies recognized at common law and limits the ability of the Legislature to alter or adjust them.  The act allows lawsuits against Oregon public bodies for injuries caused by their employees' ...