ORS 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 (When settlement allowed), 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]

Source: Section 17.075 — When settlement prohibited between employer and employee, https://www.­oregonlegislature.­gov/bills_laws/ors/ors017.­html.

Notes of Decisions

Disavowal of claim release requires manifesting clear and unequivocal intent to repudiate, disown or disclaim specifically identified release. Knutson v. Yamhill County, 130 Or App 173, 881 P2d 156 (1994), Sup Ct review denied

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