2007 Oregon Code - Chapter 17 :: Chapter 17 - Compromise - Settlement
Chapter 17 — Compromise;
Settlement
2007 EDITION
COMPROMISE; SETTLEMENT
PROCEDURE IN CIVIL PROCEEDINGS
SETTLEMENT OR COMPROMISE WITH INJURED WORKER
17.065Â Â Â Â Â Â Definitions
for ORS 17.065 to 17.085
17.075Â Â Â Â Â Â When
settlement prohibited between employer and employee
17.085Â Â Â Â Â Â When
settlement allowed
SETTLEMENT OR COMPROMISE BY PUBLIC BODY
17.095Â Â Â Â Â Â Prohibition
of confidential settlements and compromises; exceptions
PENALTIES
17.990Â Â Â Â Â Â Penalties
     17.003 [Formerly 16.470; repealed by 1981 c.898 §53]
     17.005 [Repealed by 1979 c.284 §199]
     17.010 [Repealed by 1979 c.284 §199]
     17.015 [Repealed by 1979 c.284 §199]
     17.020 [Repealed by 1979 c.284 §199]
     17.025 [Repealed by 1979 c.284 §199]
     17.030 [Repealed by 1979 c.284 §199]
     17.033 [1973 c.812 §5; repealed by 1979 c.284 §199]
     17.035 [Repealed by 1979 c.284 §199]
     17.040 [Amended by 1957 c.376 §1; repealed by 1979
c.284 §199]
     17.045 [Amended by 1955 c.497 §5; 1957 c.376 §2;
repealed by 1979 c.284 §199]
     17.050 [Amended by 1969 c.388 §1; repealed by 1979
c.284 §199]
     17.055 [Amended by 1975 c.512 §4; repealed by 1979
c.284 §199]
SETTLEMENT OR
COMPROMISE WITH INJURED WORKER
     17.065
Definitions for ORS 17.065 to 17.085. As used in ORS 17.065 to 17.085, unless the context requires
otherwise:
     (1) “Compromise” means an agreement to
allow judgment to be given for a sum or value specified.
     (2) “Employer” includes any agent or
representative of an employer.
     (3) “Release” means an agreement to
abandon a claim or right to the person against whom the claim exists.
     (4) “Settlement” means an agreement to
accept as full and complete compensation for a claim a sum or value specified. [1975
c.512 §1; 1979 c.284 §49]
     17.075
When settlement prohibited between employer and employee. (1) An employer whose interest is or may
become adverse to that of an injured employee shall not, within 15 days from
the date of the occurrence causing the employeeÂ’s injury:
     (a) Negotiate or attempt to negotiate a
settlement or compromise with the injured employee;
     (b) Obtain or attempt to obtain a general
release of liability from the injured employee; or
     (c) Obtain or attempt to obtain any
statement, either written or oral from the injured employee.
     (2) Subsection (1)(c) of this section does
not apply to the extent that compliance with statutes or rules of federal or
state agencies requiring reports of accidents and injuries necessitates
obtaining an employee statement within the 15-day period following the date of
the injury.
     (3) Any settlement or compromise agreement
entered into, any general release of liability or any written or oral statement
made by any employee after the employee incurs a personal injury, that is not
obtained in accordance with ORS 17.085, requiring notice, may be disavowed by
the injured employee within 12 months following the date of the injury and such
statement, release, compromise or settlement shall not be admissible evidence
in any court action or administrative proceeding relating to the injury. [1975
c.512 §2; 2005 c.22 §5]
     17.085
When settlement allowed. ORS
17.075 relating to settlements, compromises, releases and statements obtained
by an employer whose interest is or may become adverse to an injured employee
shall not apply, if at least five days prior to obtaining the settlement,
compromise, release or statement, the injured
employee has
signified the willingness of the injured employee that a settlement,
compromise, release or statement be given. [1975 c.512 §3]
SETTLEMENT OR
COMPROMISE BY PUBLIC BODY
     17.095
Prohibition of confidential settlements and compromises; exceptions. (1) A public body, or officer, employee or
agent of a public body, who is a defendant in an action under ORS 30.260 to
30.300, or who is a defendant in an action under ORS 294.100, may not enter
into any settlement or compromise of the action if the settlement or compromise
requires that the terms or conditions of the settlement or compromise be
confidential.
     (2) Notwithstanding subsection (1) of this
section:
     (a) A public body, or officer, employee or
agent of a public body, may enter into a settlement or compromise that requires
the terms or conditions to be confidential if federal law requires terms or
conditions of that settlement or compromise to be confidential. Only terms and
conditions that are required to be confidential under federal law may be
confidential in the settlement or compromise.
     (b) A court may order that the terms or
conditions of a settlement or compromise that reveal the identity of a person
be confidential if:
     (A) The person whose identity is revealed is
a victim of sexual abuse or is under 18 years of age; and
     (B) The court determines, by written
findings, that the specific privacy interests of the person outweigh the publicÂ’s
interest in the terms or conditions.
     (3) Any public body, or officer, employee
or agent of a public body, who is a defendant in an action under ORS 30.260 to
30.300, or who is a defendant in an action under ORS 294.100, shall file with
the court a full and complete disclosure of the terms and conditions of any
settlement or compromise of the claims against the public body, its officers,
employees or agents. The disclosure shall be filed prior to the dismissal of
the action.
     (4) For the purposes of this section:
     (a) “Action” means a legal proceeding that
has been commenced as provided in ORCP 3; and
     (b) “Public body” has that meaning given
in ORS 30.260. [Formerly 30.402; 2005 c.352 §1]
     17.100 [1989 c.465 §1; renumbered 31.825 in 2003]
     17.105 [Repealed by 1979 c.284 §199]
     17.110 [Repealed by 1979 c.284 §199]
     17.115 [Amended by 1973 c.836 §315; repealed by
1979 c.284 §199]
     17.120 [Repealed by 1979 c.284 §199]
     17.125 [Repealed by 1979 c.284 §199]
     17.130 [Amended by 1975 c.781 §5; 1977 c.262 §3;
repealed by 1979 c.284 §199]
     17.135 [Repealed by 1979 c.284 §199]
     17.140 [Repealed by 1979 c.284 §199]
     17.145 [Repealed by 1979 c.284 §199]
     17.150 [Repealed by 1979 c.284 §199]
     17.155 [Repealed by 1979 c.284 §199]
     17.160 [Repealed by 1979 c.284 §199]
     17.165 [Repealed by 1979 c.284 §199]
     17.170 [Repealed by 1979 c.284 §199]
     17.175 [Repealed by 1979 c.284 §199]
     17.180 [Repealed by 1979 c.284 §199]
     17.185 [Repealed by 1979 c.284 §199]
     17.190 [1969 c.222 §1; repealed by 1979 c.284 §199]
     17.205 [Repealed by 1979 c.284 §199]
     17.210 [Repealed by 1979 c.284 §199]
     17.215 [Repealed by 1979 c.284 §199]
     17.220 [Repealed by 1979 c.284 §199]
     17.225 [Amended by 1969 c.222 §2; repealed by 1979
c.284 §199]
     17.230 [Renumbered 10.100]
     17.235 [Repealed by 1979 c.284 §199]
     17.240 [Repealed by 1979 c.284 §199]
     17.245 [Repealed by 1979 c.284 §199]
     17.250 [Amended by 1981 c.892 §85a; renumbered
10.095]
     17.255 [Amended by 1965 c.534 §1; repealed by 1979
c.284 §199]
     17.305 [Repealed by 1979 c.284 §199]
     17.310 [Repealed by 1979 c.284 §199]
     17.315 [Renumbered 10.077]
     17.320 [Amended by 1977 c.357 §1; repealed by 1979
c.284 §199]
     17.325 [Repealed by 1979 c.284 §199]
     17.330 [Repealed by 1979 c.284 §199]
     17.335 [Repealed by 1979 c.284 §199]
     17.340 [Amended by 1959 c.638 §3; repealed by 1979
c.284 §199]
     17.345 [Repealed by 1979 c.284 §199]
     17.350 [Repealed by 1979 c.284 §199]
     17.355 [Amended by 1975 c.279 §1; repealed by 1979
c.284 §199]
     17.360 [Repealed by 1979 c.284 §199]
     17.405 [Repealed by 1979 c.284 §199]
     17.410 [Repealed by 1979 c.284 §199]
     17.415 [Repealed by 1979 c.284 §199]
     17.420 [Repealed by 1979 c.284 §199]
     17.425 [Repealed by 1979 c.284 §199]
     17.430 [Amended by 1953 c.580 §2; 1959 c.558 §28;
1959 c.638 §4; repealed by 1965 c.177 §1 (17.431 enacted in lieu of 17.430)]
     17.431 [1965 c.177 §2 (enacted in lieu of 17.430);
repealed by 1979 c.284 §199]
     17.435 [Amended by 1965 c.177 §3; repealed by 1979
c.284 §199]
     17.440 [Repealed by 1965 c.177 §4 (17.441 enacted
in lieu of 17.440)]
     17.441 [1965 c.177 §5 (enacted in lieu of 17.440);
repealed by 1979 c.284 §199]
     17.505 [Amended by 1977 c.357 §2; repealed by 1979
c.284 §199]
     17.510 [Amended by 1977 c.357 §3; repealed by 1979
c.284 §199]
     17.515 [Amended by 1971 c.565 §5; repealed by 1979
c.284 §199]
     17.520 [Repealed by 1955 c.611 §13]
     17.525 [Repealed by 1955 c.611 §13]
     17.605 [Repealed by 1979 c.284 §199]
     17.610 [Repealed by 1979 c.284 §199]
     17.615 [Repealed by 1979 c.284 §199]
     17.620 [Repealed by 1979 c.284 §199]
     17.625 [Repealed by 1979 c.284 §199]
     17.630 [Repealed by 1979 c.284 §199]
     17.705 [Amended by 1965 c.391 §1; repealed by 1981
c.898 §53]
     17.710 [Repealed by 1981 c.898 §53]
     17.720 [Repealed by 1981 c.898 §53]
     17.725 [Repealed by 1981 c.898 §53]
     17.730 [Repealed by 1981 c.898 §53]
     17.735 [Repealed by 1981 c.898 §53]
     17.740 [Repealed by 1981 c.898 §53]
     17.745 [Repealed by 1981 c.898 §53]
     17.750 [Repealed by 1981 c.898 §53]
     17.755 [Repealed by 1981 c.898 §53]
     17.760 [Amended by 1959 c.638 §5; repealed by 1981
c.898 §53]
     17.765 [Repealed by 1981 c.898 §53]
PENALTIES
     17.990
Penalties. A person
violating ORS 17.075 (1) commits a Class A violation. [1975 c.512 §5; 1999
c.1051 §146]
_______________
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