Small businesses throughout the state are looking for a fix for potentially devastating  lawsuits that could result

 By Christie Scotty - NewBerg Graphic reporter

   After word came last month that a state Supreme Court case determined that workers injured on the job could take their case to civil court if denied workers’ compensation claims, some in  management began to worry.
    But in the month since the decision, reform efforts have been underway by both legislators and  small business groups, claiming they want to help protect small businesses from the potentially fatal  blow of expensive lawsuits.
    That could be a welcome measure of protection for local businesses.
    "My guess is we’re looking at at least 85 to 90 percent (of Newberg businesses) are small  businesses," said Newberg Area Chamber of Commerce Director Ann Pesola. "That’s a rough  estimate and it could be even more."
    Pesola added that an exact count would depend on the specific definition of how many  employees constitute a small business, but said the effects of litigation are clear nonetheless.
    "I think small businesses would want to avoid (lawsuits) at all costs," she said.    Of course, no one is sure that the ruling will unleash a wave of lawsuits.
    The May 10 Smothers Decision ruled unconstitutional the idea that workers’ compensation can  be the exclusive remedy for workers, on the grounds that it denies employees their right to legal  redress.
    Since the ruling, the lobbying group Oregon Small Business Coalition has worked to push a  system where the employer would be liable to pay only an amount that corresponds to the portion of the illness or injury for which they are found responsible.
    A legislative workgroup has been working to find a similar solution to the dilemmas some see posed by the court ruling, but has so far been unable to reach an agreement.
    Labor groups remain opposed to efforts excusing employers from full compensation in cases of  negligence.

Reprinted with permission of the NewBerg Graphic