Chapter 17 — Compromise;
Settlement
2011 EDITION
COMPROMISE; SETTLEMENT
PROCEDURE IN CIVIL PROCEEDINGS
SETTLEMENT OR COMPROMISE WITH INJURED
WORKER
17.065 Definitions
for ORS 17.065 to 17.085
17.075 When
settlement prohibited between employer and employee
17.085 When
settlement allowed
SETTLEMENT OR COMPROMISE BY PUBLIC BODY
17.095 Prohibition
of confidential settlements and compromises; exceptions
PENALTIES
17.990 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[Formerly 16.470; repealed by 1981 c.898 §53]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[Repealed by 1979 c.284 §199]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[Repealed by 1979 c.284 §199]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[Repealed by 1979 c.284 §199]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[Repealed by 1979 c.284 §199]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[Repealed by 1979 c.284 §199]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[Repealed by 1979 c.284 §199]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c.812 §5; repealed by 1979 c.284 §199]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[Repealed by 1979 c.284 §199]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[Amended by 1957 c.376 §1; repealed by 1979 c.284 §199]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[Amended by 1955 c.497 §5; 1957 c.376 §2; repealed by 1979 c.284 §199]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[Amended by 1969 c.388 §1; repealed by 1979 c.284 §199]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[Amended by 1975 c.512 §4; repealed by 1979 c.284 §199]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 employee’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 public’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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